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Articles 2011 - 2040 of 2092
Full-Text Articles in Intellectual Property Law
In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer
In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer
University of Miami Law Review
One of the improvements in the 1976 Copyright Act was the specific recognition of choreographic works as copyrightable material. The Act's focus on the protection of economic rights, however, fails to address the primary interest of the dance community in the preservation of "moral rights" in a work. The author examines the unique concerns of choreographers, and concludes that it is customary, and not legislative or judicial, law that continues to provide the best protection of choreographers' artistic interests.
Sony Corporation Of America V. Universal City Studios, Inc., Lewis F. Powell Jr.
Sony Corporation Of America V. Universal City Studios, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Copyright And Factual Works—Is Research Protected?—Miller V. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981), Edwin K. Sato
Copyright And Factual Works—Is Research Protected?—Miller V. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981), Edwin K. Sato
Washington Law Review
Gene Miller, a reporter for the Miami Herald, collaborated with a kidnapping victim in writing the book 83 Hours Till Dawn. The book detailed the victim's experience of being placed in a coffin-like container and buried alive in the Georgia woods for five days. Universal City Studios negotiated with Miller to purchase the movie rights to the work, but no agreement was reached. Nevertheless, Universal produced and aired a television movie about the kidnapping. Miller brought an action alleging that Universal's making of the movie infringed his copyright in the book. The trial court instructed the jury that, while facts …
Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon
Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon
Scholarship Chronologically
In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.
Report To The Copyright Office By The American Association Of Law Libraries, James S. Heller
Report To The Copyright Office By The American Association Of Law Libraries, James S. Heller
Faculty Publications
No abstract provided.
Notes Re Betamax - 1982, Wendy J. Gordon
Notes Re Betamax - 1982, Wendy J. Gordon
Scholarship Chronologically
There's a lot of misunderstanding of by BX article. Some simplifying things: There are three types of "market failure" in copyright. The first inheres in the nonexhaustibil ity of the good; barring a right to post-dissemination control against copying, goods may be underproduced because potential users will refuse to pay for access, figuring they can get access to a friend's copy later for free or at lower cost than the creator would charoe. Thus. relying only o~ the physical control which lets i creato~ charge for the "first look", will (except where the look wont' make copying possible- the trade …
Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon
Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon
Scholarship Chronologically
Gifts and gift exchanges can serve a combination of economic, personal, social, and humanitarian ends. This article explores how intellectual products are unusually capable of serving these ends through gift relations, and suggests ways in which the law can assist in this process.
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Faculty Scholarship
In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.
Notes On Preemption And Misc - 1981, Wendy J. Gordon
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.
Copyright, Congress And Technology: The Public Record, L. Ray Patterson
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 …
When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi
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.
Notes On Misc Re Contract - 1981, Wendy J. Gordon
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
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
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
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
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
Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein
Cardozo Law Review
No abstract provided.
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
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
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
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
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
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
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.
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
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
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
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
Villanova Law Review (1956 - )
No abstract provided.
Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah
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
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.