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Articles 1951 - 1980 of 2092
Full-Text Articles in Intellectual Property Law
The Vices Of Originality, Paul J. Heald
The Vices Of Originality, Paul J. Heald
Scholarly Works
Lately, the Constitution has become an unwelcome guest at the parties of those claiming rights lying on the periphery of intellectual property. Two terms ago, in Bonito Boats, Inc. v. Thunder Craft Boats Inc., the Court held that federal patent law preempted a Florida statute forbidding the reproduction of boat hulls by use of any direct molding process. The Court's decision effectively provided a limited constitutional right to copy unpatented product shapes and designs. Most recently, in Feist Publications, Inc. v. Rural Telephone Service, Inc. the Intellectual Property Clause was held to create positive restraints on Congress's ability to …
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters
Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters
Vanderbilt Journal of Transnational Law
This Note addresses the principle of retroactive copyright protection as it applies to new adherents to the Berne Convention for the Protection of Literary and Artistic Works (the Convention). The Note first examines the primary purposes of retroactivity as evidenced by the Convention's history and subsequent revisions. Next, the Note analyzes the language of the retroactivity principle as it appears in the most recent version of the Convention. The Note then discusses problems that may result from the United States recent adherence to the Convention. The author concludes that the current domestic copyright law of the United States violates international …
Copyright Wrong: The United States' Failure To Provide Copyright Protection For Works Of Architecture
Washington and Lee Law Review
No abstract provided.
Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon
Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon
Scholarship Chronologically
The Supreme Court in several recent cases has flirted with the notion that labor gives one an entitlement to ownership: a legal right to bar others from the fruits of that labor or to extract payment from them if they use the fruits without permission. Sometimes articulated in terms of "natural rights," and sometimes in terms of "fairness," this notion is at apparent odds with contract law's insistence that the only "fruits of labor" one is obligated to pay for are those one has agreed in advance to buy.
Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship, Wendy J. Gordon
Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship, Wendy J. Gordon
Faculty Scholarship
For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions, of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zechariah Chafee, Jr. and Judge Learned Hand brought a wealth of learning and broad perspective to copyright. But by and large copyright looked only to itself for guidance.
The Truth May Not Set You Free, Robert M. O'Neil
The Truth May Not Set You Free, Robert M. O'Neil
Washington and Lee Law Review
No abstract provided.
Notes On Economics Of Suppression - 1990, Wendy J. Gordon
Notes On Economics Of Suppression - 1990, Wendy J. Gordon
Scholarship Chronologically
The Treatise suggests that the two major strains in copyright are the economic or instrumental perspective, and the authors' rights perspective. This dual perspective parallels the configuration in property and tort law as a whole, where quandaries such as the suppression problem are sometimes analyzed in terms of whether the individual holding an entitlement is a "steward" entrusted with the resource solely for sake of the social good that is likely to result from his or her productive use of it, or a "sovereign" to be left unregulated in managing the resource.
Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon
Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon
Scholarship Chronologically
For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zcharia Chaffee Jr. and Judge Learned Hand brought a wealth of learning and a broad perspective to copyright.
Draft Of New Versus Old Authors - 1990, Wendy J. Gordon
Draft Of New Versus Old Authors - 1990, Wendy J. Gordon
Scholarship Chronologically
Virtually all the issues canvassed above embody the tension that exists in seeking to honor the interests of two generations of creators. For example, the essay has discussed the need for new adaptive artists to have a copyright in their own productions and the dangers that the "subconscious copying rule" poses to new creators, particularly in an age of ubiquitous media.
Notes Of Reference To The Common Law, Wendy J. Gordon
Notes Of Reference To The Common Law, Wendy J. Gordon
Scholarship Chronologically
Also, when one looks at the common law, one finds throughout an attempt to protect persons who change position in reliance on other's actions from being harmed by such persons' withdrawal; similarly, the common law gives a great deal of protection from harm even when the parties have had no prior dealings.
Draft Of Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship - 1990, Wendy J. Gordon
Draft Of Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship - 1990, Wendy J. Gordon
Scholarship Chronologically
For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from developments in scholarship and case law in other areas. There were exceptions, of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zechariah Chaffee, Jr. and Judge Learned Hand brought learning and broad perspective to copyright. But by and large copyright looked only to itself for guidance.
Notes On Lear V. Adkins And Kewanee: "Public Domain" And "Dissemination", Wendy J. Gordon
Notes On Lear V. Adkins And Kewanee: "Public Domain" And "Dissemination", Wendy J. Gordon
Scholarship Chronologically
What is the S ct s notion of public domain? Does dissemination play the same role I thinK it should? Here s a looK at patent pol icy. Basically, I think the following shows that the Supreme Court envisages that there s a separate policy which says that things once made public should stay public. Now d tie that to reliance & changes of position. The court doesn t think it through very well; they may have power in mind, or vesting, or just precedent. It s unclear. But it s useful for my purposes that the Court opinion suggests …
Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton
Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton
Articles
No abstract provided.
Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman
Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman
Penn State International Law Review (1982 - 2011)
What changes need to be made in the Soviet copyright codes in order to bring them into compliance with the provisions of Berne? And is it likely that these changes will be accomplished in the near future? This comment will attempt to answer these questions. While these issues have already been addressed in regard to the United States, nothing similar has yet been attempted for the Soviet Union. In light of the U.S.S.R.'s announcement of its intent to accede to the Berne Convention, this analysis is now more timely than ever.
Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon
Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon
Scholarship Chronologically
The First Circuit in Decosta II recognized something r-ar-ely focused on, but of great importance-- namely, the following question: assuming there are applicable federal ·al policies of non-protection, do those policies for-bid only direct state attempts to restrain copying, or- do they also for-bid any state law which has as one of its effects a restraint on copying?
More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon
More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon
Scholarship Chronologically
One issue is whether indirect i/p protection should be allowed to, or encouraged to, piggyback on other forms of protection, 1 ike privacy & contract law. (This is the KEWANEE issue. It's a matter of general pol icy, and of preemption.). Another issue is whether, within federal i/p law, a cause of action based on limited statutory infringement should be handled any differently because other damage damage which wouldn't be actionable alone under the relevant federal statute - is present. (This is raised by the NATION issue. It's a matter of legislative intent & general policy,) Although both issues involve …
The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii
The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii
Penn State International Law Review (1982 - 2011)
The traditional concepts of copyright law are becoming inadequate to protect the interests of creators in today's global society. The reasons for such inadequacies stem from the emergence of satellite technology and a growing lack of consensus between copyright authors, publishers, and the general public, as to how the property interests should be compensated and enforced. This article is intended to form a foundation for meaningful discussion involving the reformation of the current basis of international copyright protection.
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Fordham Urban Law Journal
The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …
Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller
Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller
Library Staff Publications
No abstract provided.
An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon
An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon
Faculty Scholarship
Hostility to copyright has a long and honorable history. In the nineteenth century, for example, Lord Macaulay argued that while copyright might be necessary to ensure a "supply of good books," the monopoly that it imposed was at best a necessary evil.
"For the sake of the good we must submit to the evil; but the evil ought
not to last a day longer than is necessary for the purpose of securing the good."
A number of studies critical of intellectual property followed in our century. The most well known is probably the economically oriented 1970 study by Stephen Breyer …
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
Scholarly Articles in Law Reviews & Journals
The United States is a party to many copyright treaties, including a network of bilateral arrangements with other countries and one regional agreement. I will concentrate on the two major multilateral agreements to which the United States is a party, the Universal Copyright Convention ("UCC") and the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention").
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
Cleveland State Law Review
In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …
The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy
The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy
Faculty Publications
No abstract provided.
Protecting The Look And Feel Of Computer Programs, Jeffrey Weitzman
Protecting The Look And Feel Of Computer Programs, Jeffrey Weitzman
Cardozo Law Review
No abstract provided.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
University of Miami Law Review
No abstract provided.
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Scholarly Works
Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …
Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy
Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy
Faculty Publications
No abstract provided.
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user …
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user interface. Although …