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2012

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Articles 181 - 210 of 695

Full-Text Articles in Intellectual Property Law

Square Dance: Fitting The Square Peg Of Fixation Into The Round Hole Of Choreographic Works, Evie Whiting May 2012

Square Dance: Fitting The Square Peg Of Fixation Into The Round Hole Of Choreographic Works, Evie Whiting

Vanderbilt Law Review

If all the arts are brothers, dance is the forgotten stepchild of the family. The "black sheep" of the arts, dance has struggled to find academic and legal recognition on par with its creative counterparts. Throughout the history of U.S. copyright protection, dance has consistently been an afterthought. Although Congress passed the first copyright law in 1790, copyright did not explicitly protect choreographic works until 1976. The 1909 Copyright Act only protected pieces of choreography that could be registered by the author as a type of "dramatic composition." This relegation to a subset-of-a- subset aptly characterizes the ongoing academic and …

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Judgment For Federalism: A Case For Why The Right Of Publicity Should Be A Federal Right, Brittany Lee-Richardson Apr 2012

Judgment For Federalism: A Case For Why The Right Of Publicity Should Be A Federal Right, Brittany Lee-Richardson

Student Award Winning Papers

The purpose of the right of publicity is to provide all individuals the right to control the commercial use of their attributes such as likeness, image or name. This state-based right is primarily concerned with protecting celebrities, hereinafter referred to as “personalities.”1 As the right gained more recognition from courts and legislatures in the last 25 years, its value to personalities increased substantially. Sport, entertainment and public figures, like Tiger Woods, Bill Clinton and Woody Allen, make millions of dollars2 from endorsements, speaking engagements, and right of publicity claims. Personalities are also taking advantage of the wide variation in right …

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April 25, 2012, Geneva Henry Apr 2012

April 25, 2012, Geneva Henry

Lecture Series on E-Science

Geneva Henry, Executive Director of the Center for Digital Scholarship, Rice University. Data rights and ownership of digital research data can impact how you use data, how others use data you've collected, and how rights are determined in collaborative research. Copyright rules governing data vary from one country to the next, making data ownership in international collaborations particularly murky. Licensing the use of data sets from the start is one way to address these issues early and provide a means for easily sharing datasets that can be cited and properly attributed. This talk with introduce issues associated with digital research …

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Maturing Patent Theory From Industrial Policy To Intellectual Property, Oskar Liivak Apr 2012

Maturing Patent Theory From Industrial Policy To Intellectual Property, Oskar Liivak

Cornell Law Faculty Publications

We have always known that technological progress is important and this country has always aimed to promote it. A large part of that responsibility has fallen on the shoulders of the patent system. Embarrassingly, despite over two hundred years of experience, we still do not actually know if the patent system helps or hinders technological progress. This Essay argues that the problem is not the patent system but rather patent theory. Patent theory suffers from three linked problems: exceptionalness, indeterminacy, and animosity. First, patent law is seen as a necessarily unique exception to the overall market economy. By artificially making …

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Freedom Of Speech Through The Looking Glass: Reflections On The Governance Of Political Discourse In China, The United States, And The European Union, Emily Alice Chesbrough Apr 2012

Freedom Of Speech Through The Looking Glass: Reflections On The Governance Of Political Discourse In China, The United States, And The European Union, Emily Alice Chesbrough

Scripps Senior Theses

Freedom of speech is a right guaranteed by the US, the EU, and China; however, just because a right is guaranteed does not mean the government cannot manipulate the right to achieve its ends. Freedom of speech is commonly associated with the power of language; citizens speak in order to take control of those governing them, in order to assert their desires. In reality, freedom of speech is far more beneficial for governments, who can use this dissent to better control a population. In order to control the population, though, the governments must first control the dissenting speech, the discourse, …

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Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid Apr 2012

Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid

Pepperdine Law Review

No abstract provided.

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The Advice-Of-Counsel Defense In Patent Infringement Cases: How Far Does Waiver Of Work Product Extend?, Cecil C. Kuhne Iii Apr 2012

The Advice-Of-Counsel Defense In Patent Infringement Cases: How Far Does Waiver Of Work Product Extend?, Cecil C. Kuhne Iii

Pepperdine Law Review

No abstract provided.

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To Patent Or Not To Patent, That Is The Question: Embryonic Stem Cell Patents Rejected In Europe, Amer Raja Apr 2012

To Patent Or Not To Patent, That Is The Question: Embryonic Stem Cell Patents Rejected In Europe, Amer Raja

Intellectual Property Brief

No abstract provided.

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Top 1% Files For Trademark Of “Occupy Wall Street”, Seth Dennis Apr 2012

Top 1% Files For Trademark Of “Occupy Wall Street”, Seth Dennis

Intellectual Property Brief

No abstract provided.

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Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson Apr 2012

Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson

Intellectual Property Brief

No abstract provided.

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Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey Apr 2012

Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey

Intellectual Property Brief

No abstract provided.

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Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos Apr 2012

Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos

Intellectual Property Brief

No abstract provided.

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The New Hawaiian Model: The Native Hawaiian Cultural Trademark Movement And The Quest For Intellectual Property Rights To Protect And Preserve Native Hawaiian Culture, Nina Mantilla Apr 2012

The New Hawaiian Model: The Native Hawaiian Cultural Trademark Movement And The Quest For Intellectual Property Rights To Protect And Preserve Native Hawaiian Culture, Nina Mantilla

Intellectual Property Brief

No abstract provided.

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Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton Apr 2012

Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton

Intellectual Property Brief

No abstract provided.

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The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green Apr 2012

The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green

Intellectual Property Brief

No abstract provided.

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How Close Is “Too Close”, Lana Ciaramella Apr 2012

How Close Is “Too Close”, Lana Ciaramella

Pace Intellectual Property, Sports & Entertainment Law Forum

Lana Ciaramella writes an article on trade dress infringement. Her article discusses the standards of trade dress infringement, how they are applicable to private label products and how the courts have modified their view of trade dress infringement over time. She focuses on the landmark decision in McNeil Nutritionals, LLC v. Heartland Sweetners, which set a new precedent for treatment of trade dress infringement by private label manufacturers of brand name products.

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The Creative Commons: A Supplement To Copyright In Today’S Technological Culture, Frank Polcino Apr 2012

The Creative Commons: A Supplement To Copyright In Today’S Technological Culture, Frank Polcino

Pace Intellectual Property, Sports & Entertainment Law Forum

In his article “The Creative Commons: A Supplement to Copyright in Today’s Technological Culture”, Frank Polcino discusses the relatively new licensing approach for copyrightable works, which originated from a 501(c)(3) tax-exempt charitable corporation called Creative Commons.

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War Of The Dolls: Did The Ninth Circuit Fail To Apply The “Intended Audience Test” In Holding Substantial Similarity Should Be Determined From The Perspective Of The “Ordinary Observer” And Not A “Child” In Mattel, Inc. V. Mga Entertainment, Inc.?, Emily Flasz Apr 2012

War Of The Dolls: Did The Ninth Circuit Fail To Apply The “Intended Audience Test” In Holding Substantial Similarity Should Be Determined From The Perspective Of The “Ordinary Observer” And Not A “Child” In Mattel, Inc. V. Mga Entertainment, Inc.?, Emily Flasz

Pace Intellectual Property, Sports & Entertainment Law Forum

Emily Flasz writes an article on the application of the substantial similarity test in copyright infringement cases. Her article addresses whether the second prong of the substantial similarity test, the “intrinsic test,” should include the “intended audience test” when the works in issue are intended for children. She examines this question within the context of the Ninth Circuit’s decision in Mattel, Inc. v. MGA Entertainment, Inc. and provides an in depth look at how the Second, Third, Fourth, Sixth, and Ninth Federal Circuit Courts have applied the “intended audience test” when the works in dispute are intended for specialized audiences, …

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For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas Apr 2012

For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas

Pace Intellectual Property, Sports & Entertainment Law Forum

Brett Pavony & Jaia Thomas wrote an article that explores the burgeoning relationship between professional sports and trademark law. After providing an overview of the various requirements outlined by the United States Patent and Trademark Office (USPTO), the article transitions into exploring the emerging trend of sports figures seeking federal trademark protection. Brett & Jaia blend their expertise and research to present an article that focuses on an analytical examination of professional athletes seeking trademark protection. The article also offers a glimpse into the future of intellectual property law as it pertains to professional athletes. As more and more athletes …

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American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman Apr 2012

American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman

Pace Intellectual Property, Sports & Entertainment Law Forum

Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …

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Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman Apr 2012

Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman

Pace Intellectual Property, Sports & Entertainment Law Forum

Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.

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Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar Apr 2012

Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar

Pace Intellectual Property, Sports & Entertainment Law Forum

The ICE seizures and proposed legislations to codify ICE-style seizures have led many to question the legitimacy of ICE’s seizures and decry the bills as censorship. Tanya Dunbar’s article explores the reasons for the government’s actions, the seizure mechanism the government employs, and the controversy surrounding domain name seizures. Where possible, the Ms. Dunbar offers solutions to some of the controversial issues that may arise.

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Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie Apr 2012

Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie

Intellectual Property Brief

No abstract provided.

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Best Buy Vs. Newegg: Who Owns “Geek”?, Seth Dennis Apr 2012

Best Buy Vs. Newegg: Who Owns “Geek”?, Seth Dennis

Intellectual Property Brief

No abstract provided.

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Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle Apr 2012

Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle

Intellectual Property Brief

No abstract provided.

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Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update, Amer Raja Apr 2012

Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update, Amer Raja

Intellectual Property Brief

No abstract provided.

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Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason Apr 2012

Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason

Intellectual Property Brief

In Markman claim term disputes, the paramount interest of the public in patents and in the public domain is unrepresented, even though “patent rights are ‘issues of great moment to the public.’” What delineates the outer bounds of the patent claim interpretation inquiry are the “private interests of the litigants.” The public interest is set aside. Neither the courts nor the litigants are well positioned to address the “underlying policy of the patent system” or to ask pointedly whether the patent claims, unless properly construed, have enough “worth to the public” to “outweigh the restrictive effect of the limited patent …

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The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio Apr 2012

The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio

Intellectual Property Brief

No abstract provided.

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Panel Discussion On Libraries And Best Practices In Fair Use, Andrée J. Rathemacher Apr 2012

Panel Discussion On Libraries And Best Practices In Fair Use, Andrée J. Rathemacher

Technical Services Faculty Publications

This report covers a panel discussion on the Code of Best Practices in Fair Use for Academic and Research Libraries, published in January 2012 by the Association of Research Libraries (ARL). The panel was held at the Massachusetts Institute of Technology (MIT) on March 23, 2012 and was hosted by the MIT Libraries. Panelists were Patricia Aufderheide of the Center for Social Media at American University; Brandon Butler of ARL; Kyle Courtney of Harvard Law School; and Jay Wilcoxson of MIT.

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Compliance: E-Science Mandates And Policies, Sarah White Apr 2012

Compliance: E-Science Mandates And Policies, Sarah White

Lecture Series on E-Science

Data collected under federally funded research is subject to compliance rules and regulations. Policies affecting what you can and cannot do with your data, who is responsible, and what role your institution plays can vary with funding agencies and the type of data collected. This talk will address many of the compliance issues associated with research data, as well as funder mandates that you need to be aware of to ensure compliance.

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