Intellectual Property Law Commons^™

Does A Song By Any Other Name Still Sound As Sweet: Digital Sampling And Its Copyright Implications, Randy S. Kravis

American University Law Review

No abstract provided.

No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg

Faculty Scholarship

The Supreme Court's unanimous decision last Term in Feist Publications, Inc. v. Rural Telephone Service Co. proscribed copyright protection for works of information that fail to manifest a modicum of creative originality in selection or arrangement. Discarding a long – if lately uneasy – tradition of U.S. copyright coverage of informational works that display far greater industriousness than imagination, the Court ruled that copyright does not secure the "sweat of the brow" or the investment of resources in the compilation of a work of information. The Court thus stripped away or sharply reduced the copyright protection afforded a variety …

Authors And Exploitations In International Private Law: The French Supreme Court And The Huston Film Colorization Controversy, Jane C. Ginsburg, Pierre Sirinelli

Faculty Scholarship

On May 28, 1991, France's Supreme Court, the Cour de cassation, rendered its long-awaited decision in Huston v. la Cinq, a controversy that opposed the heirs of film director John Huston against the French television station Channel 5 and its licensor, Turner Entertainment. Defendants sought to broadcast a colorized version of Huston's black and white film classic, The Asphalt jungle. Plaintiffs, John Huston's children and Ben Maddow, who collaborated with Huston on the film's screenplay, asserted that broadcast of a colorized version violated Huston's and Maddow's moral right of integrity in the motion picture. The central question before the Cour …

International Copyright From An American Perspective, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

Creation And Commercial Value: Copyright Protection Of Works Of Information, Jane C. Ginsburg

Faculty Scholarship

In 1899, Augustine Birrell, a Victorian barrister, lamented: "The question of copyright has, in these latter days, with so many other things, descended into the market-place, and joined the wrangle of contending interests and rival greedinesses." Birrell's remark conveys distaste for those authors who would "realise the commercial value of their wares." But the question of copyright has always been joined with that of commercial value. Indeed, by affording authors limited monopoly protection for their writings, our Constitution relies on wrangling greed to promote the advancement of both creativity and profit. Nonetheless, the distinction Birrell implies between copyrightworthy works of …

Copyright Protection For Architectural Works, David E. Shipley

Scholarly Works

Architecture is the most commonly experienced and pervasive of all the arts. The creative efforts of architects culminate in structures used for shelter, pleasure, business, entertainment, and transportation.1 Architects express their design concepts in sketches, elevations, floor plans, working drawings, specifications, renditions, and three-dimensional models. Their labors in shaping the ideas for a building from rough conceptions into plans and then into completed structures are similar to the efforts of other creators. An architect is as much an author as is a sculptor or a dramatist. His plans, renditions, and the resulting structure will ordinarily show originality and will reflect …

Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle

Cleveland State Law Review

This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and …

Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg

Faculty Scholarship

Following thirteen months of parliamentary deliberations, on July 3, 1985, France enacted a law which brings major reforms and additions to its copyright act of March 11, 1957. The new law becomes effective on January 1, 1986. Among the French modernizations and innovations discussed in this Article are the new law's provisions regarding: computer software protection and ownership; royalties for home taping of audio and audiovisual works; and the recognition and regulation of "neighboring rights." These provisions extend statutory protection for the contributions of performing artists, and also accord reproduction and performance rights to the producers of phono- and videograms. …

Mills Music, Inc. V. Snyder, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Copyright Law, David Goldberg, Jane C. Ginsburg

Faculty Scholarship

In 1983 and 1984 the federal courts continued to interpret the changes in copyright law effectuated by the 1976 Copyright Act. During this period the United States Supreme Court decided its first copyright case since adoption of the 1976 Act. In general, the year's decisions tend to accord expanded copyright protection to authors. Several decisions, however, have provoked or exacerbated uncertainties in a number of areas, including the protection accorded nonfiction works, the "fair use" excuse to copyright infringement, and compliance with the U.S. copyright formality of affixing notice to published copies of a work.

Sabotaging And Reconstructing History: A Comment On The Scope Of Copyright Protection In Works Of History After Hoehling V. Universal City Studios, Jane C. Ginsburg

Faculty Scholarship

This comment examines the Hoehling decision, and attempts a definition, in light of Hoehling and prior decisions, of historical "expression." A definition of historical expression is essential to analysis of an historian's infringement claim. Before the fact-finder determines whether a defendant's work is substantially similar to the historian's work, and if substantially similar, whether the fair use doctrine excuses the apparent infringement, the trial judge must first determine whether, as a matter of law, the portions the historian claims were infringed manifest copyrightable expression. If there is no or insufficient expression, the case closes at the summary judgment stage.

This …

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

Indiana Law Journal

No abstract provided.

Twentieth Century Music V. Aiken, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Copyrights-Liabilty Of Store Owner For Sale Of Infringing Phonograph Records By Concessionaire, Terrence L. Croft

Michigan Law Review

Defendant H. L. Green Company licensed defendant Jalen Amusement Company as concessionaire of the record departments in twenty-three of its stores. The licensing agreement required Jalen's employees to follow all Green's rules and regulations and empowered Green to discharge any employee found to be conducting himself improperly. The gross receipts of the record department were collected by Green, Jalen receiving only the amount remaining after deductions for the license fee, salaries, and taxes. Although Jalen ordered and paid for the records and its employees made all the sales, record purchasers were unaware of Jalen's autonomy in the record department. Plaintiff, …

Rights Of Federal Government Personnel Under The Copyright Act

Indiana Law Journal

No abstract provided.

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

Michigan Law Review

For decades textile designers have sought without success to check the piracy of their patterns. Numerous bills aimed at protecting designers have failed in Congress. Until recently, the few federal courts which had considered the question had held that neither the Copyright Act nor the common law afforded protection. After the Supreme Court's decision in Mazer v. Stein, however, it seemed that relief might at last be available. In that case the Court held that the utilitarian purpose of an object did not exclude it from copyright protection. The Copyright Office revised its regulations to include textile designs within …

✪ An Act To Amend And Consolidate The Acts Representing Copyright ✪, United States Congress

Legislative History – Copyright Act of 1909

The Copyright Act of 1909 was a landmark U.S. law that governed copyright protection from March 4, 1909, until it was superseded by the Copyright Act of 1976. Although rarely needed, this law is still applied to certain categories of works created before January 1, 1978 that were not covered by the 1976 modifications.

The 1909 Act established key provisions for copyright law at the time, balancing the rights of creators with public access. It prescribed a copyright term of 28 years with the possibility of renewal for another 28 years, the requirement for publication with a copyright notice, and …