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Full-Text Articles in Intellectual Property Law
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
Copyright Of Textile Designs - Clarity And Confusion In The Second Circuit, Thomas Ehrlich
Copyright Of Textile Designs - Clarity And Confusion In The Second Circuit, Thomas Ehrlich
Michigan Law Review
For decades textile designers have sought without success to check the piracy of their patterns. Numerous bills aimed at protecting designers have failed in Congress. Until recently, the few federal courts which had considered the question had held that neither the Copyright Act nor the common law afforded protection. After the Supreme Court's decision in Mazer v. Stein, however, it seemed that relief might at last be available. In that case the Court held that the utilitarian purpose of an object did not exclude it from copyright protection. The Copyright Office revised its regulations to include textile designs within …
Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff
Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff
Michigan Law Review
Whether judicial remedy of the situation will be adequate or whether legislative change is necessary to remedy the situation presents another problem; but the need for remedy seems clear. The purpose of this comment is to discuss these pitfalls and to indicate present judicial trends regarding these problems. Proposed remedies, both legislative and judicial, will be listed and evaluated where possible.
The Compulsory Manufacturing Provision-An Anachronism In The Copyright Act, Clinton R. Ashford S. Ed.
The Compulsory Manufacturing Provision-An Anachronism In The Copyright Act, Clinton R. Ashford S. Ed.
Michigan Law Review
The protection afforded foreign authors under the United States Copyright Act at the present time is subject to stringent restrictions. Copyright will not be granted to a person who is neither a citizen nor a resident of the United States unless he complies with a great many formalities, and, in addition, conforms with the compulsory manufacturing requirement. It is the object of this comment to examine the manufacturing provision, section 16 of the Copyright Law, and to show why it should be deleted from the act.
Copyright And Morals, Edward S. Rogers
Copyright And Morals, Edward S. Rogers
Michigan Law Review
The basis for national copyright legislation in this country is Article I, Section 8 of the Constitution: "The Congress shall have power * * * to promote the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries."