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Articles 301 - 317 of 317
Full-Text Articles in Intellectual Property Law
The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg
The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg
Faculty Scholarship
In contemporary debates over copyright, the figure of the author is too-often absent. As a result, these discussions tend to lose sight of copyright's role in fostering creativity. I believe that refocussing discussion on authors – the constitutional subjects of copyright – should restore a proper perspective on copyright law, as a system designed to advance the public goal of expanding knowledge, by means of stimulating the efforts and imaginations of private creative actors. Copyright cannot be understood merely as a grudgingly tolerated way station on the road to the public domain. Nor does a view of copyright as a …
Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross
Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …
Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler
Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler
Articles & Chapters
Part II
New Surveillance, The , Sonia K. Katyal
New Surveillance, The , Sonia K. Katyal
Faculty Scholarship
A few years ago, it was fanciful to imagine a world where intellectual property owners - such as record companies, software owners, and publishers - were capable of invading the most sacred areas of the home in order to track, deter, and control uses of their products. Yet, today, strategies of copyright enforcement have rapidly multiplied, each strategy more invasive than the last. This new surveillance exposes the paradoxical nature of the Internet: It offers both the consumer and creator a seemingly endless capacity for human expression - a virtual marketplace of ideas - alongside an insurmountable array of capacities …
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it …
Drm And Privacy, Julie E. Cohen
Drm And Privacy, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Interrogating the relationship between copyright enforcement and privacy raises deeper questions about the nature of privacy and what counts, or ought to count, as privacy invasion in the age of networked digital technologies. This Article begins, in Part II, by identifying the privacy interests that individuals enjoy in their intellectual activities and exploring the different ways in which certain implementations of DRM technologies may threaten those interests. Part III considers the appropriate scope of legal protection for privacy in the context of DRM, and argues that both the common law of privacy and an expanded conception of consumer protection law …
Festo To The Rescue? The Return Of The Warner-Jenkinson Standard And A Preemptive Solution For The Future Of The Patent Law Balance, R. Flynt Strean
Festo To The Rescue? The Return Of The Warner-Jenkinson Standard And A Preemptive Solution For The Future Of The Patent Law Balance, R. Flynt Strean
Kentucky Law Journal
No abstract provided.
Whose Rights Are These Anyway?--A Rethinking Of Our Society's Intellectual Property Laws In Order To Better Protect Native American Religious Property, Suzanne Milchan
Whose Rights Are These Anyway?--A Rethinking Of Our Society's Intellectual Property Laws In Order To Better Protect Native American Religious Property, Suzanne Milchan
American Indian Law Review
No abstract provided.
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Faculty Scholarship
The Court of Appeals for the Federal Circuit, charged with adjudicating appeals in patent cases, has adopted an unusual approach that arrogates power over fact finding while it simultaneously invokes rule-formalism. Although the Federal Circuit's approach may be justified by the fact-finding and policy application deficiencies of the trial courts and the Patent and Trademark Office (PTO), it has had a negative impact on innovation policy and has resulted in a patent system that is sorely in need of reform. This Article argues that because of the interdependence of the various institutions within the patent system, reform of the system …
Practice Before The Copyright Arbitration Royalty Panel In 17 U.S.C. § 111 Distribution Proceedings, Mark J. Davis
Practice Before The Copyright Arbitration Royalty Panel In 17 U.S.C. § 111 Distribution Proceedings, Mark J. Davis
Vanderbilt Journal of Entertainment & Technology Law
The 1976 Act showed foresight in extending the section 115 compulsory phonorecord license model to secondary transmissions under section III. Congress' intent was to encourage flexible market forces to set the value of cable rebroadcasts. Instead of statutory rates, they fixed minimal guidelines for the distribution of collected retransmission royalties. Originally an obscure and very technical section of the Copyright Act, the impact of section III has expanded with the merger of cable television, radio, cable, satellite, and broadband distribution of digital media. The millions of dollars in royalties paid annually by cable systems provide a tempting target for copyright …
The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss
The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss
Vanderbilt Journal of Entertainment & Technology Law
This paper seeks a resolution between the need to eliminate copyright infringement and the desire to encourage new technology. This paper will suggest that the music industry would be better off directing resources toward solutions such as compulsory licensing, royalty collection, and working with hardware manufacturers to discourage copyright infringement. These solutions would allow the industry to take advantage of file sharing now rather than expending resources in court where the desired result of ending P2P programs may never come.
Lack Of Copyright Term Harmony With The European Union Strikes A Sour Chord For Performing Artists And Labels, Alisa Roberts
Lack Of Copyright Term Harmony With The European Union Strikes A Sour Chord For Performing Artists And Labels, Alisa Roberts
Vanderbilt Journal of Entertainment & Technology Law
Everyday, more performing artists and labels in the United States lose a valuable revenue stream as their sound recordings fall into the public domain in the European Union (E.U.). While the rights of authors, composers, visual artists, and even film directors are protected under the E.U.'s copyright scheme for the life of the author plus seventy years, "related rights"--which include sound recordings--receive protection for a term of only fifty years. The fifty-year term, established by a 1993 European Union Council Directive ("Directive"), is not only lacking synchrony with author's rights within the E.U., but also puts the term of protection …
The E-Rated Industry: Fair Use Sheep Or Infringing Goat?, Christina Mitakis
The E-Rated Industry: Fair Use Sheep Or Infringing Goat?, Christina Mitakis
Vanderbilt Journal of Entertainment & Technology Law
This Note explores the copyright issues presented by the litigation between companies that sanitize movies for viewing by the general public and the studios and directors involved in the creation of the edited movies. Collectively, these companies comprise what is generally referred to as the e-rated industry.' Certain companies within the e-rated industry use digital editing software to edit profanity, sex and violence from popular movies, while other companies provide software allowing viewers to edit their own DVDs. In all cases, this editing is done without the consent of the moviemakers. CleanFilms, which rents out e-rated movies, defines e-rated movies …
Idea Men Should Be Able To Enforce Their Contractual Rights: Considerations Rejecting Preemption Of Idea-Submission Contract Claims, Celine Michaud, Gregory Tulquois
Idea Men Should Be Able To Enforce Their Contractual Rights: Considerations Rejecting Preemption Of Idea-Submission Contract Claims, Celine Michaud, Gregory Tulquois
Vanderbilt Journal of Entertainment & Technology Law
It is a long-standing and general rule that ideas are "free as the air" as Justice Brandeis eloquently stated in the dissent to the seminal case International News Service v. Associated Press.' This axiom of copyright law expresses the idea that copyright does not protect ideas but only protects the expression of ideas in a work. The distinction between unprotected ideas and protected expression is often referred to as the idea-expression dichotomy...
The principle of the idea-expression dichotomy was initially stated in Baker v. Selden, and later cases further articulated this principle, so that it has become one of the …
Trademark: Victoria's Dirty Little Secret: A Revealing Look At What The Federal Trademark Dilution Act Is Trying To Conceal, Natalie J. Mcneal
Trademark: Victoria's Dirty Little Secret: A Revealing Look At What The Federal Trademark Dilution Act Is Trying To Conceal, Natalie J. Mcneal
Oklahoma Law Review
No abstract provided.
The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu
The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu
Faculty Scholarship
In the recent World Men's Basketball Championships in Indianapolis, Team USA found out painfully that the international game is very different from what they play at home and that the gap between USA Basketball and the rest of the world has been closing. While their losses might have a significant impact on how the United States prepares for the 2004 Olympics in Athens and on how Americans train youngsters to play basketball, their teachings go beyond basketball.
The international harmonization process is a game with different rules, different officials, and players with different visions and mindsets. By watching how players …