Intellectual Property Law Commons^™

Notes On Preemption And Misc - 1981, Wendy J. Gordon

Scholarship Chronologically

As one of my students indirectly commented (the Herzog midterm?), section 301 PURPORTS to be exclusive. "Nothing in this title shall annul state rights etc." One student, Chris Binnig, indirectly suggested a way out of the exclusivity problem, other than the common sense of Abrams, namely that 301 talks about the general scope of copyright- something which may require some policy inquiry.

When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

Dramatic motion pictures' are prime examples of what copyright law terms "derivative works' because they are almost invariably based upon one or more prior works. Derivative works are so-called because they borrow from original works whether or not those works are in the same media. The universe of derivative works is broad. It encompasses everything from stuffed toys representing cartoon characters to translations of serious-minded literature.

Copyright, Congress And Technology: The Public Record, L. Ray Patterson

Vanderbilt Law Review

This early history of copyright would be of little more than antiquarian interest except that it demonstrates the source of the confusion regarding the function of copyright. Although generally viewed as a right of the author, copyright has continued to function as a trade regulation device. Before the advent of computers and copying machines, this point was of relatively little importance, but IBM and Xerox have complicated copyright law enormously. Thus, in attempting to isolate the issues, it is helpful to view the law of copyright as statutorily creating unfair competition based on the doctrine of misappropriation. It is both …

Notes On Misc Re Contract - 1981, Wendy J. Gordon

Scholarship Chronologically

Once there is a patent, voluntarily-accepted user restrictions may not be enforceable. Or, at least, an attempt on the patentee's part to condition access of certain types on obtaining such restrictions, may be impossible. See 30 BNA PTCJ 104 (5/30/85)(Restrictions voided on availability of deposited yeast strains.) Filed under Yeast case.

The Copyright Exception For Derivative Works And The Scope Of Utilization, Carole A. Ellingson

Indiana Law Journal

No abstract provided.

Home Videorecording And Copyright Law: The Betamax Case

Washington and Lee Law Review

No abstract provided.

Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro

University of Miami Law Review

The author presents a unique theory of personal expression under the Constitution, which posits that underlying the first amendment and the copyright clause is the principle that the public good requires encouragement, not suppression, of individual expression. Historically, decisions undermining authors' copyrights in favor of other social goals discouraged the creativity necessary for cultural development, and Congress and the courts responded by increasing the protection of authors and expanding the domain of copyrightable works. Similarly, official proscription of commercial and offensive speech for less than the most urgent social needs threatens to inhibit the creative spirit protected by the first …

Lecture Draft On Sensory Recall Device - 1980, Wendy J. Gordon

Scholarship Chronologically

Perception is a bodily function. The brain “sees” according to the orders which the optic nerve relays from its position at the back of the eye. Similarly, it is the brain which also "hears." As we know from our dreaming and our remembering, neither eye nor ear is indispensable to having the sensations of seeing and hearing.

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Copyright--The Home Video Recording Controversy, Mark E. Kauffelt

West Virginia Law Review

No abstract provided.

The Legal Protection Of Printed Systems, Dale P. Olson

West Virginia Law Review

No abstract provided.

A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw

Indiana Law Journal

No abstract provided.

Copyright--Originality--Confusing The Standards For Granting Copyrights And Patents, Jo Walton Eaton

West Virginia Law Review

No abstract provided.

Fair Use And Home Videotape Copying Of Television Broadcasts, James E. Reed

Seattle University Law Review

This comment discusses home videotape recording under both the 1909 Copyright Act and the new copyright law which becomes effective January 1, 1978. Because home videotaping violates the copyright holder's exclusive rights to transcribe or copy the copyrighted program, the comment focuses on the application of the fair use doctrine to home recording of television programs. If home videotape recording is not a fair use, individuals recording copyrighted television programs are liable for copyright infringement; yet, because private copying is difficult to detect, it may be impossible for copyright holders to protect themselves from this private copying. The comment, therefore, …

The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.

Cleveland State Law Review

We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …

New Copyright Act & Cable Television: A Signal Of Change, Michael Botein

Articles & Chapters

No abstract provided.

Private Copyright And Public Communication: Free Speech Endangered, Lyman R. Patterson

Vanderbilt Law Review

Copyright as it has developed is essentially a private copyright for private communications made public for profit. Theoretically,the right to copyright is derived from the act of creation, and the choice of making his creations public is that of the author. As the copyright clause makes clear, the purpose of the private monopoly of copyright is to encourage the author to make his creations available for public learning. Television, on the other hand, is primarily a medium of public communication that has as a major function the transmission of public information to the public. To apply the present law of …

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review (1956 - )

No abstract provided.

Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah

Cleveland State Law Review

This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …

Goldstein V. California And The Protection Of Sound Recordings: Arming The States For Battle With The Pirates

Washington and Lee Law Review

No abstract provided.

Goldstein V. California, 412 U.S. 546 (1973), Florida State University Law Review

Florida State University Law Review

Copyright-SOUND RECORDINGS-CALIFORNIA STATUTE PROHIBITING MUSIC PIRACY IS A VALID EXERCISE OF RETAINED STATE POWERS AND DOES NOT CONFLICT WITH FEDERAL COPYRIGHT PROTECTION.

Constitutional Law - Copyright Clause - States May Afford Protection To Sound Recordings Against Unauthorized Reproduction Without Infringing On The Federal Copyright Power, Joseph H. Huston Jr.

Villanova Law Review (1956 - )

No abstract provided.

Copyrights: Introduction, Michael Botein

Articles & Chapters

No abstract provided.

Recent Cases, Vanderbilt Law Review

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

============================

Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Foreign Intellectual Property And The United States Department Of Defense, Harry M. Saragovitz, William G. Gapcynski

Villanova Law Review (1956 - )

No abstract provided.

Common Law Copyright, And Conversation, Frank J. Nawalanic

Cleveland State Law Review

Assume that "A" is a well known author and literary figure and that "B" is an author in his own right, but far less known than "A". "A" and "B" meet socially and engage in a stimulating conversation wherein thoughts and ideas are freely expressed and conclusions drawn. Sometime thereafter, "B" publishes excerpts from this conversation and "A" strongly desires to prevent such from being published and receiving publicity. To prevent publication of their conversation, "A" could proceed against "B" under several different causes of action. He could possibly allege breach of a fiduciary relationship, breach of implied contract, invasion …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Accountants--Auditors--Compliance with General Accounting Principles Not a Complete Defense To Criminal Fraud

==========================

Administrative Law--Standing to Challenge Administrative Actions--Anyone Arguably Protected by Statute May Sue

===========================

Constitutional Law--Abortion--Standard Excepting Abortions Done as "Necessary for the Preservation of the Mother's Life or Health" Held Unconstitutionally Vague

============================

Constitutional Law--Civil Rights--Discrimination by a Third Party in Connection with the Rental of Property Entitles the Injured Party to a Private Right of Damages Under Section 1982

=============================

Constitutional Law--Double Jeopardy--Benton v. Maryland Applies Retroactively to State Criminal Convictions

=============================

Copyright--Unfair Competition--Unauthorized Reproduction of Another's Recording for Resale Violates State Unfair Competition Doctrine

============================= …

Ad Interim Copyright And The Manufacturing Clause: Another View Of The Candy Case, Dorothy M. Schrader

Villanova Law Review (1956 - )

No abstract provided.

Foreign Income In The Music Industry, Leo Strauss, Jr.

Vanderbilt Journal of Transnational Law

The record and music industries have grown tremendously and have become much more sophisticated in recent years. At one time a music publisher merely listened to a song and if he liked it he acquired the copyright. A recording artist or a recording A & R man would record those songs that he happened to like. Those who were lucky had their share of hits. This normally does not work any more, although it does in certain localized contexts. The record industry is big business and spans national borders as well as continents, affecting and bringing into contact with each …