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Intellectual Property Law Commons™

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1996

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 196 of 196

Full-Text Articles in Intellectual Property Law

Marks Of Distinction: Rethinking Secondary Meaning Standards In Trademark Law After Qualitex V. Jacobson, Daniel I. Schloss Jan 1996

Marks Of Distinction: Rethinking Secondary Meaning Standards In Trademark Law After Qualitex V. Jacobson, Daniel I. Schloss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Artistic Parody: A Theoretical Construct, Sherri L. Burr Jan 1996

Artistic Parody: A Theoretical Construct, Sherri L. Burr

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Copyright And Computer Programs: It's All In The Definition, William F. Patry Jan 1996

Copyright And Computer Programs: It's All In The Definition, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Precarious Balance: Moral Rights, Parody, And Fair Use, Geri J. Yonover Jan 1996

The Precarious Balance: Moral Rights, Parody, And Fair Use, Geri J. Yonover

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Copyright And The Legislative Process: A Personal Perspective, William F. Patry Jan 1996

Copyright And The Legislative Process: A Personal Perspective, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Small Business And Copyright Ownership, Niels Schaumann Jan 1996

Small Business And Copyright Ownership, Niels Schaumann

Faculty Scholarship

This article attempts to facilitate the recognition of situations involving copyright and the appropriate arrangements regarding ownership of the right. Part II briefly outlines some copyright basics, including the varieties of copyrightable subject matter under the Copyright Act of 1976. Part III describes copyright ownership, focusing on the kinds of transactions most likely to take place in the context of small business, including the “work for hire” doctrine. Armed with these fundamentals, the small-business lawyer may find that copyright litigation will rarely become necessary.

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The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman Jan 1996

The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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U. S. Federalism And Intellectual Property, Jane C. Ginsburg Jan 1996

U. S. Federalism And Intellectual Property, Jane C. Ginsburg

Faculty Scholarship

The federal structure of the U.S. government presents interesting questions for intellectual property. Which government, national or state, exercises regulatory authority? Or do both governments play a significant role? Questions of this order cannot be addressed unless one first analyzes what the term "intellectual property" comprehends. Intellectual property includes well-recognized regimes of exclusive rights in inventions (patents), literary, artistic and musical creations (copyrights), and trademarks. But it also covers more elusive, and evolving, interests, such as exploitation of one's personal name and image (right of publicity), trade secrets, and a generalized concern with prevention of acts amounting to unlicensed appropriation …

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La Protection Aux Etats-Unis Des Oeuvres D'Art, Jane C. Ginsburg Jan 1996

La Protection Aux Etats-Unis Des Oeuvres D'Art, Jane C. Ginsburg

Faculty Scholarship

French Abstract
Les Etats-Unis sont un marche important d'oeuvres d'art, non seulement pour la vente des tableaux, mais aussi pour !'exploitation de reproductions et d'adaptations des images. Par exemple, en dehors des reproductions traditionnelles telles que celles contenues dans des catalogues et livres d'art et des reproductions sous forme de cartes postales et affiches, une oeuvre d'art originairement corn;ue comme une expression des beaux arts peut s'exploiter telle par exemple une sortie de bain, du papier peint, voire un decor de poubelle. Dans quelle mesure un artiste peut-il etre remunere ou meme s'opposer a J'exploitation commerciale de son oeuvre aux …

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Art Speech, Marci A. Hamilton Jan 1996

Art Speech, Marci A. Hamilton

Articles

Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …

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Intellectual Property Policy Online: A Young Person’S Guide, James Boyle Jan 1996

Intellectual Property Policy Online: A Young Person’S Guide, James Boyle

Faculty Scholarship

This is an edited version of a presentation to the "Intellectual Property Online" panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy …

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Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne Jan 1996

Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne

Faculty Scholarship

This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.

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From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman Jan 1996

From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

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The Effect Of Bankruptcy On Executory Contracts In General And On Licensing Agreements Of Intellectual Property In Particular, Alexandra Baumgartner Jan 1996

The Effect Of Bankruptcy On Executory Contracts In General And On Licensing Agreements Of Intellectual Property In Particular, Alexandra Baumgartner

LLM Theses and Essays

11 U.S.C. § 365(a) provides that a bankruptcy trustee, subject to the court’s approval, may assume or reject any executory contract. What section § 365 does not provide is a clear definition for the term “executory contract.” This thesis covers the different definitions of executory contracts proposed by courts and scholars and common grounds for assumption and rejection by the trustee. The author in particular analyzes how § 365 interacts with licensing agreements. If a licensor files for bankruptcy and the license agreement is rejected, the licensee’s rights to use the licensed intellectual property are in jeopardy. This situation is …

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The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana Jan 1996

The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana

LLM Theses and Essays

In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …

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Trade Secrets And Roman Law: The Myth Exploded, Alan Watson Jan 1996

Trade Secrets And Roman Law: The Myth Exploded, Alan Watson

Scholarly Works

In 1929 A. Arthur Schiller published a celebrated article, Trade Secrets and the Roman Law; the Actio Servi Corrupti. His main conclusions are that the Roman owner of a mark or firm name was legally protected against unfair usage by a competitor through the actio servi corrupti, “action for making a slave worse,” which the Roman jurists used to grant commercial relief under the guise of private law actions. “If, as the writer believes [writes Schiller], various private causes of action were available in satisfying commercial needs, the state was acting in exactly the same fashion as it …

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