Vogue Juridique & The Theory Choice Problem In The Debate Over Copyright Protection For Fashion Designs,
2011
University of Maryland Francis King Carey School of Law
Vogue Juridique & The Theory Choice Problem In The Debate Over Copyright Protection For Fashion Designs, Michael G. Bennett, Nick Buell, Jason Cetel, C. C. Perry
Maryland Law Review Online
No abstract provided.
Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision,
2011
Florida A & M University College of Law
Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision, William Henslee
Journal Publications
No longer does it seem that a copyright infringer is "anyone who violates any of the exclusive rights of the copyright owner." Now, one who uses the copyrighted material without the permission of the owner is not an infringer until the court decides that the infringer has gone too far in appropriating content that he or she did not create. This new world order was most recently challenged in Viacom International Inc. v. YouTube, Inc. This Article will explore why the Viacom/YouTube litigation should be the case that reestablishes the rights of copyright owners and clarifies the seemingly disparate views …
You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings,
2011
Florida A & M University College of Law
You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee
Journal Publications
Many recording artists and songwriters never reap the rewards of their work. America's first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as "one group of creators who get ripped off more than anybody else in any other industry". As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation. Congress …
What's Wrong With U.S.?: Why The United States Should Have A Public Performance Right For Sound Recordings,
2011
Florida A & M University College of Law
What's Wrong With U.S.?: Why The United States Should Have A Public Performance Right For Sound Recordings, William Henslee
Journal Publications
This Article discusses the need for the United States to implement a public performance royalty for sound recordings. Under the current system, song writers are compensated for the use of their musical works, but performers on sound recordings do not receive any compensation. Radio and television stations currently pay the performing rights societies a royalty for playing the sound recordings, but they do not pay a performance royalty to the artists who perform the music and record companies that promote and release the sound recordings. Proposed legislation will add a performance royalty for artists and record companies to the current …
Orphan Works And The Google Book Search Settlement: An International Perspective,
2011
French National Institute for Research in Computer Science and Control
Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang
NYLS Law Review
No abstract provided.
Passing Off And Unfair Competition: Conflict And Convergence In Competition Law,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Passing Off And Unfair Competition: Conflict And Convergence In Competition Law, Mary Lafrance
Scholarly Works
No abstract provided.
Shaming Trademark Bullies,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Shaming Trademark Bullies, Leah Chan Grinvald
Scholarly Works
In September 2009, Hansen Beverage Company sent Rock Art Brewery a letter demanding that Rock Art cease and desist its use of “VERMONSTER” as a trademark for beer. Hansen is a multi-million dollar beverage corporation and Rock Art Brewery is a small brewing company owned by a husband-and-wife team based in Vermont. Hansen’s gravamen was that Rock Art’s “VERMONSTER” beer allegedly infringed on Hansen’s “MONSTER ENGERY” trademarks. Instead of capitulating, Rock Art Brewery fought back, taking to the virtual streets of the internet and galvanized public sentiment against Hansen’s. The end result was an amicable settlement agreement that allowed Rock …
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines,
2011
Boston University School of Law
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George
Faculty Scholarship
The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …
Wisdom Of The Ages Or Deadhand Control - Patentable Subject Matter For Diagnostic Methods After In Re Bilski,
2011
Case Western Reserve University School of Law
Wisdom Of The Ages Or Deadhand Control - Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg
Journal of Law, Technology, & the Internet
No abstract provided.
Finding A Home For Orphans: Google Book Search And Orphan Works Law In The United States And Europe,
2011
Humboldt-University School of Law; Columbia Law School
Finding A Home For Orphans: Google Book Search And Orphan Works Law In The United States And Europe, Katharina De La Durantaye
Fordham Intellectual Property, Media and Entertainment Law Journal
The Google Books case and its proposed settlement have provoked heated debate. Objections to the settlement proposals have come from virtually all sides—from Google’s competitors to public interest organizations, state attorneys general, the U.S. Department of Justice, and even foreign countries such as France and Germany. While it is impossible to know what the terms of the final settlement will be, it is already clear that one of the settlement’s most important consequences will be how it changes the orphan works debate, both in the United States and in Europe. This Article argues that the Google Books case offers an …
Twittergate: Rethinking The Casting Director Contract,
2011
Sendroff & Baruch, LLP; Long Island University
Twittergate: Rethinking The Casting Director Contract, Carter Anne Mcgowan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright Enforcement In The Cloud,
2011
Fordham University School of Law
Copyright Enforcement In The Cloud, Marc Aaron Melzer
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Fate Of Indecency? The Constitutional Issue Presented By Fox Television Stations, Inc. V. Federal Communications Commission,
2011
Fordham Law School
The Fate Of Indecency? The Constitutional Issue Presented By Fox Television Stations, Inc. V. Federal Communications Commission, Francis Marsico Iii
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
D Is For Digitize: An Introduction,
2011
New York Law School
D Is For Digitize: An Introduction, James Grimmelmann
NYLS Law Review
No abstract provided.
The Google Book Settlement And The Fair Use Counterfactual,
2011
DePaul University College of Law
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
NYLS Law Review
No abstract provided.
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union,
2011
St. John’s University School of Law
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
NYLS Law Review
No abstract provided.
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition,
2011
Yale Law School
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez
NYLS Law Review
No abstract provided.
Software Wars: The Patent Menace,
2011
New York Law School Class of 2010
Bayer Schering Pharma Ag V. Barr Laboratories, Inc.,
2011
New York Law School Class of 2011
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
NYLS Law Review
No abstract provided.
Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents,
2011
Case Western Reserve University School of Law
Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents, Gabrielle Lahatte
Journal of Law, Technology, & the Internet
No abstract provided.
