Intellectual Property Law Commons^™

The Copyright Law And Mechanical Reproduction For Educational Purposes, Frank Edward Jolliffee

West Virginia Law Review

No abstract provided.

Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips

Cleveland State Law Review

The law of music copyright, although now quite old, is still relatively young in its development and refinement when compared to other segments of the copyright law. The impediment in its progress is partially due to the technicalities inherent in the discipline itself, and also to the lack of musical sophistication on the part of most law making bodies. Modern day electronic developments in recording and storing sound will do much to facilitate and broaden the scope of the law. Its implementation through a Music-Legal Board of Experts could be the effective step needed in order to overcome the present …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process

Literacy Titles - Copyrightable Or Trademarkable, Peter C. John

Villanova Law Review (1956 - )

No abstract provided.

Duration, The Manufacturing Clause, And The Jukebox Exemption Under The Present Copyright Law And The Proposed 1965 Revision, Thomas R. Emerson

Kentucky Law Journal

No abstract provided.

Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel

Michigan Law Review

Plaintiff was the sole proprietor of copyrights on several educational toys. It had ordered a large number of these toys to be made by defendant manufacturer, but refused to accept them when tendered, claiming they were so defective in quality that their sale would impair plaintiff's reputation. When defendant manufacturer began selling the rejected toys to the co-defendants in order to recover its own investment in them, the plaintiff obtained a temporary restraining order against all defendants prohibiting further sales of the toys pending a determination of a motion for permanent injunction. The district court granted a preliminary injunction of …

A Study Of The Version: A Reflection On The Copyright Law's Policy Of Protection, James M. Salony

Villanova Law Review (1956 - )

No abstract provided.

Common Law Copyright Of Architectural Plans - Edgar H. Wood Ass'n, Inc. V. Skene, Michael S. Simon

Maryland Law Review

No abstract provided.

Entertainment Title Duplication Cases: A Process Of Evolution

Indiana Law Journal

No abstract provided.

Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George

Journal of Legal Education

No abstract provided.

Copyright Problems Of The Phonograph Record Industry, Sidney A. Diamond

Vanderbilt Law Review

This article addresses itself to several difficult questions. Are phonograph records copyrightable? What is the scope of a copyright owner's "mechanical reproduction right," and how exclusive is this right? What protection against infringement of the "recorded performance," as opposed to the musical composition incorporated in it, has the record manufacturer? What additional statutory protection might be granted in this area, and what of its constitutionality?

The Common Law And Statutory Background Of The Law Of Musical Property, George D. Cary

Vanderbilt Law Review

This article comprises a brief but comprehensive presentation of the history and evolution of the law of musical copyright; it is particularly designed for the practitioner seeking a general view of musical copyright law before proceeding on to more specialized problems. After a discussion of the English and American history of musical copyright, the article examines the common law and statutory aspect of the subject, and concludes by discussing the international rules and conventions governing musical copyright.

Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii

Cleveland State Law Review

The overlapping of our present-day Copyright and Design Patent Laws, apparently initially created by random legislative development and recently aggravated by the decision of the Supreme Court in Mazar v. Stein, has resulted in a legal morass of substantial proportions. The purpose of this paper is to explore briefly the influence which gave rise to this situation, to discuss the present state of the law and its practical impact upon the practicing patent advocate, and finally to review and evaluate proposed legislation, past and present, in an effort to determine the possible course of future developments.

Rights Of Federal Government Personnel Under The Copyright Act

Indiana Law Journal

No abstract provided.

Copyright--Renewal Rights--Executor's Right To Renew Where Author Has Assigned Renewal Rights, John James Mckenzie

West Virginia Law Review

No abstract provided.

Compensation For Unsolicited Disclosure Of Business Ideas - Noahson V. Gunther Brewing Co., Lewis Noonberg

Maryland Law Review

No abstract provided.

Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.

Michigan Law Review

Plaintiff home designer prepared plans for a client and filed a copy in a county office as required by ordinance in order to obtain a building permit. Defendant copied and used these plans without plaintiff's consent. In an action under a state statute codifying the common-law right of designers to the exclusive ownership of their unpublished designs, the lower court held for defendant, finding plaintiff's copyright to have been destroyed by publication. On appeal, held, reversed. The filing of architectural plans in a public office in order to secure a building permit does not constitute a publication of them …

Enforcement Of Intellectual Property Rights, Albert R. Teare

Cleveland State Law Review

Wrongful use or appropriation of the property of another is a tort. The owner of a patent has a remedy by civil action for infringement of his patent, and the District Courts of the United States have original jurisdiction of any civil action arising under any act of Congress relating to patents, trademarks and copyrights.

Parody And Burlesque -- Fair Use Or Copyright Infringement?, Law Review Staff

Vanderbilt Law Review

In Columbia Broadcasting System v. Loew's, Inc.,' the Supreme Court of the United States aroused great concern in the entertainment world when it affirmed (by an evenly divided court) a lower court decision enjoining CBS from producing a television burlesque by comedian Jack Benny of the motion picture Gaslight. Plaintiff Loew's had claimed an infringement of their copyright. CBS countered with the contention that their parody was a "fair use" of plaintiff's work. In affirming, the Supreme Court, in its initial consideration of this issue, placed its imprimatur upon a decision which takes the position that parody and burlesque do …

Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed.

Michigan Law Review

Prior to December 1938, Patrick Hamilton wrote an original play entitled "Gaslight" which subsequently was published, performed and protected by copyright in both England and the United States. Loew's acquired exclusive motion picture rights to the play on October 7, 1942, and produced an original feature-length motion picture photoplay of the drama, also entitled "Gaslight." In 1945 Jack Benny sought and received permission to produce a 15-minute parody of the motion picture for his radio program. In 1953, without securing Loew's permission, Benny produced a 15-minute filmed parody of the motion picture for his television program. It was entitled "Autolight" …

Copyrights: A Thumbnail Sketch, C. R. S.

West Virginia Law Review

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Limits Of State Jurisdiction In Affording Common Law Protection To Clothing Designs, Leonard S. Elman

Vanderbilt Law Review

The recent case of Dior v. Milton' indicates that the "misappropriation" doctrine of the law of unfair competition will be applied to impose liability upon unlicensed users of original clothing designs. The purpose of this article is to outline briefly the statutory protection presently available for such designs, and to discuss certain problems raised by the Dior v. Milton decision.

The Constitution, in article I, section 8, provides that Congress shall have power to enact legislation "to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their …

A Manual Of Copyright Practice, Allen D. Choka

West Virginia Law Review

No abstract provided.

Copyright Protection To Aliens And Stateless Persons, Edward T, Breathitt Jr.

Kentucky Law Journal

No abstract provided.

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …

Copyrights--Duty Of One Owner To Account To Co-Owner For Profits From Use And Licensing Of Copyright.

Washington and Lee Law Review

No abstract provided.

Copyright Of Advertising, Mary Garner Borden

Kentucky Law Journal

No abstract provided.

Some Legal Aspects Of The Pan-American Copyright Convention Of 1946, Bryce Rea, Jr.

Washington and Lee Law Review

No abstract provided.