Protection for Works of Foreign Origin Under the 1909 Copyright Act Tyler T
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Winter Newsletter 2006
Volume 23 Number 1 LLAW NEWSLETTER Page 1 NEWSLETTER Law Librarians Association of Wisconsin A Chapter of the American Association of Law Libraries VOLUME 23 NUMBER 2 WINTER 2006 President’s Message WisBlawg (http://www.law.wisc.edu/blogs/wisblawg/) Bev Butula, Davis and Kuelthau just found a new home. Bonnie Shucha’s acclaimed legal blog is a regular read for an endless amount of Anyone else out there watch “Project Runway?” I am legal professionals. She has summed up her goal per- completely addicted to the program. If you have not fectly – “Searching Smarter….With a Little Help from seen it, it is a reality show where aspiring fashion de- a Law Librarian.” If you haven’t had a chance to take a signers must design and create a garment based on the tour, please do! Bonnie has spoke about Blogs and weekly challenge. One week they had to make a cos- RSS feeds at several different conventions/institutes/ tume for figure skater Sasha Cohen. The original and seminars. interesting outfits that go down the runway at the end of the show each week constantly amaze me. The My last stop in this “authorship” tour is the publication contestants have an extraordinary amount of talent. initiative launched by Carol Bannen and currently chaired by Susan O’Toole. Most of you know that Why am I writing about a television show? Well, the AALL/West awarded this project the Marketing Award answer is actually quite simple. The show highlights for the “Best Campaign” in 2004. So many individuals individual skill. -
ELDRED V. ASHCROFT: the CONSTITUTIONALITY of the COPYRIGHT TERM EXTENSION ACT by Michaeljones
COPYRIGHT ELDRED V. ASHCROFT: THE CONSTITUTIONALITY OF THE COPYRIGHT TERM EXTENSION ACT By MichaelJones On January 15, 2003, the Supreme Court upheld the constitutionality of the Copyright Term Extension Act ("CTEA"), which extended the term of copyright protection by twenty years.2 The decision has been ap- plauded by copyright protectionists who regard the extension as an effec- tive incentive to creators. In their view, it is a perfectly rational piece of legislation that reflects Congress's judgment as to the proper copyright term, balances the interests of copyright holders and users, and brings the3 United States into line with the European Union's copyright regime. However, the CTEA has been deplored by champions of a robust public domain, who see the extension as a giveaway to powerful conglomerates, which runs contrary to the public interest.4 Such activists see the CTEA as, in the words of Justice Stevens, a "gratuitous transfer of wealth" that will impoverish the public domain. 5 Consequently, Eldred, for those in agree- ment with Justice Stevens, is nothing less than the "Dred Scott case for 6 culture." The Court in Eldred rejected the petitioners' claims that (1) the CTEA did not pass constitutional muster under the Copyright Clause's "limited © 2004 Berkeley Technology Law Journal & Berkeley Center for Law and Technology. 1. Sonny Bono Copyright Term Extension Act, 17 U.S.C. §§ 108, 203, 301-304 (2002). The Act's four provisions consider term extensions, transfer rights, a new in- fringement exception, and the division of fees, respectively; this Note deals only with the first provision, that of term extensions. -
Copyright Law Revision
COPYRIGHT LAW REVISION REPORT OF THE REGISTER OF COPYRIGHTS ON THE GENERAL REVISION OF THE U.S. COPYRIGHT LAW JULY 1961 Printed for the use of the House-- Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 676682 WASHINGTON : 1961 For sale by the Superlntendent of Documents, U.S. Qo7cmment Prlntlug O5ce Wn~bington25, D.O. - Prlco 45 cent8 LETTER OF TRANSMITTAL THE LIBRAR~AWOF CORORESB, Washington, l).C. July 7, 1961. Hon. SAMRAYE~N, Igpealcw of the House of Representatices, Washington. D.C. SIB: As authorized by Congress, the Copyright Office of the =brary of Con- gress has in the past few years made a number of studies preparatory to a general revision of the copyright law, title 17 of the United States Code. That program bas now been completed. Thirty-four studies and a subject index have been published in a series of 12 committee prints issued by the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary. The studies have been widely circulated and interested persons were inrited to submit their comments and views. On the basis of the studies and the comments and views received. the Copy- right Ofece has prepared a report on the important issues to be considered and tentative recommendations for their solution in a general revision of the law. I am pleased to submit the report of the Register of Copyrights on general re vision of the copyright law to you find to the Vice President for consideration by the Congress. Very truly yours, L. QUINCYMUMFOBD, Librarian of Congress. -
Supreme Court of the United States
(Slip Opinion) OCTOBER TERM, 2002 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus ELDRED ET AL. v. ASHCROFT, ATTORNEY GENERAL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 01–618. Argued October 9, 2002—Decided January 15, 2003 The Copyright and Patent Clause, U. S. Const., Art. I, §8, cl. 8, provides as to copyrights: “Congress shall have Power . [t]o promote the Progress of Science . by securing [to Authors] for limited Times . the exclusive Right to their . Writings.” In the 1998 Copyright Term Extension Act (CTEA), Congress enlarged the duration of copy- rights by 20 years: Under the 1976 Copyright Act (1976 Act), copy- right protection generally lasted from a work’s creation until 50 years after the author’s death; under the CTEA, most copyrights now run from creation until 70 years after the author’s death, 17 U. S. C. §302(a). As in the case of prior copyright extensions, principally in 1831, 1909, and 1976, Congress provided for application of the en- larged terms to existing and future copyrights alike. Petitioners, whose products or services build on copyrighted works that have gone into the public domain, brought this suit seeking a de- termination that the CTEA fails constitutional review under both the Copyright Clause’s “limited Times” prescription and the First Amendment’s free speech guarantee. -
Congress's Power to Promote the Progress of Science: Eldred V. Ashcroft
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2002 Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft Lawrence B. Solum Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/879 http://ssrn.com/abstract=337182 36 Loy. L.A. L. Rev. 1-82 (2002) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, and the Intellectual Property Law Commons CONGRESS'S POWER TO PROMOTE THE PROGRESS OF SCIENCE: ELDRED V. ASHCROFT* Lawrence B. Solum** I. INTRODUCTION: ELDRED V. ASHCROFT ................................... 3 A. The Sonny Bono Copyright Term Extension Act ................. 4 B. ProceduralHistory ............................................................ 7 II. A TEXTUAL AND HISTORICAL ANALYSIS OF THE COPYRIGHT C LA U SE .......................................................................................... 10 A. The Structure of the Clause .................................................... 11 1. The parallel construction of the copyright and patent powers in the Intellectual Property Clause .................... 11 2. The structure of the Copyright Clause ........................... 12 * © 2002 by the Author. Permission is hereby granted to duplicate this Essay for classroom use and for the inclusion of excerpts of any length in edu- cational materials of any kind, so long as the author and original publication is clearly identified and this notice is included. Permission for other uses may be obtained from the Author. ** Visiting Professor of Law, University of San Diego School of Law and Professor of Law and William M. Rains Fellow, Loyola Law School, Loyola Marymount University. -
Intellectual Property and the Presumption of Innocence Irina D
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2015 Intellectual Property and the Presumption of Innocence Irina D. Manta Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Part of the Law Commons Recommended Citation Irina D. Manta, Intellectual Property and the Presumption of Innocence, 56 1745 (2015) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/1120 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. INTELLECTUAL PROPERTY AND THE PRESUMPTION OF INNOCENCE IRINA D. MANTA* ABSTRACT Our current methods of imposing criminal convictions on defen- dants for copyright and trademark infringement are constitutionally defective. Previous works have argued that due process under the Sixth Amendment requires prosecutors to prove every element of a crime beyond a reasonable doubt, including the jurisdictionalele- ment. Applying this theory to criminal trademark counterfeiting results in the conclusion that prosecutors should have to demon- strate that an infringing mark needs to have traveled in or affected * Associate Professor of Law and Director of the Center for Intellectual Property Law, Maurice A. Deane School of -
The Origins and Meaning of the Intellectual Property Clause
THE ORIGINS AND MEANING OF THE INTELLECTUAL PROPERTY CLAUSE Dotan Oliar* ABSTRACT In Eldred v. Ashcroft (2003) the Supreme Court reaffirmed the primacy of historical and textual considerations in delineating Congress’ power and limitations under the Intellectual Property Clause. Nevertheless, the Court overlooked what is perhaps the most important source of information regarding these considerations: The debates in the federal Constitutional Convention that led to the adoption of the Clause. To date, several unsettled questions stood in the way of identifying fully the legislative history behind the Clause. Thus, the Article goes through a combined historical and quantitative fact-finding process that culminates in identifying eight proposals for legislative power from which the Clause originated. Having clarified the legislative history, the Article proceeds to examine the process by which various elements of these proposals were combined to produce the Clause. This process of textual putting together reveals, among other things, that the text “promote the progress of science and useful arts” serves as a limitation on Congress’ power to grant intellectual property rights. The Article offers various implications for intellectual property doctrine and policy. It offers a model to describe the power and limitations set in the Clause. It examines the way in which Courts have enforced the limitations in the Clause. It reveals a common thread of non-deferential review running through Court decisions to date, for which it supplies normative justifications. It thus concludes that courts should examine in future and pending cases whether the Progress Clause’s limitation has been overreached. Since Eldred and other cases have not developed a concept of progress for the Clause yet, the Article explores several ways in which courts could do so. -
The Value of the Copyright Clause in Construction of Copyright Law, 2 Hastings Const
Hastings Constitutional Law Quarterly Volume 2 Article 9 Number 1 Winter 1975 1-1-1975 The alueV of the Copyright Clause in Construction of Copyright Law Thomas Boggs Richards Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Thomas Boggs Richards, The Value of the Copyright Clause in Construction of Copyright Law, 2 Hastings Const. L.Q. 221 (1975). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol2/iss1/9 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. THE VALUE OF THE COPYRIGHT CLAUSE IN CONSTRUCTION OF COPYRIGHT LAW* By THoMAs BOGGS RICHARDS** The present law in the United States governing copyright is essen- tialy that enacted when Congress consolidated all federal copyright 2 statutes in 1909.1 Largely because of unanticipated developments, * This note was originally written as a paper for the 1974 Nathan Burkan Mem- orial Competition sponsored by the American Society of Composers, Authors, and Pub- lishers. ** Member, Third-Year Class, School of Law, University of California at Davis. 1. The 1909 Act provides: "Any person entitled thereto, upon complying with the provisions of this title, shall have the exclusive -
Economics of the Radio Industry
ØSICL?)' a, IMAsO 9 _ á_ "v7,,,^.L- .a -r-_- - ` /h41 I o,1 E - ECONOMICS OF THE RADIO INDUSTRY BY HIRAM L. JOME, PH.D. PROFESSOR OP ECONOMICS. DENISON UNIVERSITY CHICAGO NEW YORK A. W. SHAW COMPANY LONDON, A. W. SHAW AND COMPANY. LIMITED 1925 COPYRIGHT 1925, BY A. W. SHAW COMPANY PRINTED IN THE UNITED STATES OP AMERICA -.- HISTORY OF BROADCASTING: Radio to Television ADVISORY EDITOR Dr. Christopher Sterling, Temple University EDITORIAL BOARD Dr. Marvin R. Bensman, Memphis State University Dr. Joseph Berman, University of Kentucky Dr. John M. Kittross, Temple University Economics of the Radio Industry HIRAM L. JOME PIT ARNO PRESS and THE NEW YORK TIMES New York 1971 Reprint Edition 1971 by Amo Press Inc. Reprinted from a copy in The Newark Public Library LC# 75-161149 ISBN 0-405-03568-3 HISTORY OF BROADCASTING: RADIO TO TELEVISION ISBN for complete set: 0-405-03555-1 See last pages of this volume for titles. Manufactured in the United States of America TO RICHARD T. ELY Adviser, teacher, and friend, who, making a suc- cess of his own life, has always shown a willing- ness and eagerness to help the younger generation make a success of theirs. - PREFACE THE art and the science of wireless were more than 25 years old before the general public began to take much thought of the legal and economic problems which this de- velopment caused. This is characteristic of a constantly changing society. The time comes, however, when tech- nical developments give rise to social problems of such magnitude that it would be folly to ignore them. -
ELDRED V. ASHCROFT: the CONSTITUTIONALITY of the COPYRIGHT TERM EXTENSION ACT by Michaeljones
COPYRIGHT ELDRED V. ASHCROFT: THE CONSTITUTIONALITY OF THE COPYRIGHT TERM EXTENSION ACT By MichaelJones On January 15, 2003, the Supreme Court upheld the constitutionality of the Copyright Term Extension Act ("CTEA"), which extended the term of copyright protection by twenty years.2 The decision has been ap- plauded by copyright protectionists who regard the extension as an effec- tive incentive to creators. In their view, it is a perfectly rational piece of legislation that reflects Congress's judgment as to the proper copyright term, balances the interests of copyright holders and users, and brings the3 United States into line with the European Union's copyright regime. However, the CTEA has been deplored by champions of a robust public domain, who see the extension as a giveaway to powerful conglomerates, which runs contrary to the public interest.4 Such activists see the CTEA as, in the words of Justice Stevens, a "gratuitous transfer of wealth" that will impoverish the public domain. 5 Consequently, Eldred, for those in agree- ment with Justice Stevens, is nothing less than the "Dred Scott case for 6 culture." The Court in Eldred rejected the petitioners' claims that (1) the CTEA did not pass constitutional muster under the Copyright Clause's "limited © 2004 Berkeley Technology Law Journal & Berkeley Center for Law and Technology. 1. Sonny Bono Copyright Term Extension Act, 17 U.S.C. §§ 108, 203, 301-304 (2002). The Act's four provisions consider term extensions, transfer rights, a new in- fringement exception, and the division of fees, respectively; this Note deals only with the first provision, that of term extensions. -
INTELLECTUAL PRIVILEGE: Copyright, Common Law, and The
INTELLECTUAL PRIVILEGE Copyright, Common Law, and the Common Good TOM W. BELL Arlington, Virginia Founders’ Copyright 2014 by Tom Bell. (See opposite for more information.) Second printing, April 2018 Printed in the United States of America Mercatus Center at George Mason University 3434 Washington Blvd., 4th Floor Arlington, VA 22201 www.mercatus.org 703-993-4930 Library of Congress Cataloging-in-Publication Data Bell, Tom W. Intellectual privilege : copyright, common law, and the common good / Tom W. Bell. pages cm ISBN 978-0-9892193-8-9 (pbk.) -- ISBN 978-0-9892193-9-6 (e-book (kindle)) 1. Copyright--United States. I. Title. KF2994.B45 2014 346.7304’82--dc23 2014005816 COPYRIGHT NOTE Not long ago, in “Five Reforms for Copyright” (chapter 7 of Copyright Unbalanced: From Incentive to Excess, published by the Mercatus Center at George Mason University in 2012), I suggested that the United States should return to the kind of copyright the Founders supported: the one they created in their 1790 Copyright Act. The Founders’ copyright had a term of only fourteen years with the option to renew for another fourteen. It conditioned copyright on the satisfaction of strict statutory formali- ties and covered only maps, charts, and books. The Founders’ copyright protected only against unauthorized reproductions and offered only com- paratively limited remedies. This book follows through on that policy advice. The Mercatus Center and I agreed to publish it under terms chosen to recreate the legal effect of the Founders’ 1790 Copyright Act. For example, the book’s copy- right will expire in 2042 (if not before), and you should feel free to make a movie or other derivative work at any time. -
Ottolia Maria
Quaderni di AIDA n. 19 Andrea Ottolia The Public Interest and Intellectual Property Models G. Giappichelli Editore – Torino © Copyright 2010 - G. GIAPPICHELLI EDITORE - TORINO VIA PO, 21 - TEL. 011-81.53.111 - FAX 011-81.25.100 http://www.giappichelli.it ISBN/EAN 978-88-348-0058-4 Stampa: Stampatre s.r.l. - Torino Fotocopie per uso personale del lettore possono essere effettuate nei limiti del 15% di ciascun volume/fascicolo di periodico die- tro pagamento alla SIAE del compenso previsto dall’art. 68, comma 4 della legge 22 aprile 1941, n. 633 ovvero dall’accordo sti- pulato tra SIAE, AIE, SNS e CNA, CONFARTIGIANATO, CASA, CLAAI, CONFCOMMERCIO, CONFESERCENTI il 18 dicembre 2000. Le riproduzioni ad uso differente da quello personale potranno avvenire, per un numero di pagine non superiore al 15% del pre- sente volume, solo a seguito di specifica autorizzazione rilasciata da AIDRO, via delle Erbe, n. 2, 20121 Milano, telefax 02- 80.95.06, e-mail: [email protected] ai miei genitori – VI – INDEX INDEX pag. Preface by Robert P. Merges XI Acknowledgments XV CHAPTER I INTRODUCTION 1. The public interest and intellectual property models 1 2. Functional description of the work. US and Europe: contin- gent and structural difficulties in dealing with IPR expan- sionism 6 CHAPTER II UTILITARIANISM AND INSTITUTIONAL RELATIONS 3. Utilitarianism: definition and sliding boundaries 11 4. Utilitarianism and IPR expansionism: why institutional re- lations matter in the US IP model 18 5. Distinguishing the “institutional relations issue” from the constitutional intellectual property debate 29 VII THE PUBLIC INTEREST AND INTELLECTUAL PROPERTY MODELS pag.