scholarly journals Information Technology and the Law

HortScience ◽  
1996 ◽  
Vol 31 (4) ◽  
pp. 697e-697
Author(s):  
Roy Collins
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Direct Relationship ◽  
Freedom Of Speech ◽  
Copyright Law ◽  
Property Law ◽  
National Information Infrastructure ◽  
Governmental Regulation ◽  
National Information ◽  
The U.S

This paper explores fundamental doctrines of law which increasingly constitute the rules of commerce in deploying the National Information Infrastructure (NII). Particular attention is given to efforts made within the U.S. government to ensure that an appropriate regime of intellectual property law is in place in promoting U.S. leadership in the information-based marketplace. The direct relationship between U.S. copyright law and the networked dissemination of software, audio, graphical and textual works is consequently explored. Also described is the effect of developments in information technology upon the frequently opposing interests of freedom of speech, right to privacy, and governmental regulation.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

U.S. Patent/Intellectual Property Law: What Should Engineers Know?

2000 ◽  
Author(s):  
Jeff E. Schwartz ◽  
Richard T. Girards ◽  
Karen A. Borrelli
Keyword(s):  
Intellectual Property ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
New Methods ◽  
Property System ◽  
The U.S

Abstract Engineers, by the practice of their profession, regularly apply new methods and products to the end of solving old problems. These new methods and products may prove to be both commercially useful and financially valuable. The U.S. intellectual property system can afford such innovations broad protection from old fashioned “poaching” by securing for their creators/inventors powerful legal rights to such innovations.

scholarly journals An Autonomous EU Functionality Doctrine for Shape Exclusions

2020 ◽  
Vol 69 (6) ◽  
pp. 567-577
Author(s):  
Uma Suthersanen ◽  
Marc D Mimler
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Public Interest ◽  
Subject Matter ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
The European Union ◽  
Court Of Justice ◽  
Functionality Doctrine

Abstract Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition.

scholarly journals ADAPTATION SET OF FACTORS FOR ASSESSING THE COMMERCIAL POTENTIAL OF TECHNOLOGIES IN DIFFERENT TECHNOLOGY MANUFACTURING BRANCHES

2018 ◽  
Vol 16 (0) ◽  
pp. 206-221
Author(s):  
Vaida Zemlickienė
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Technology Management ◽  
National Economy ◽  
Property Law ◽  
Literature Analysis ◽  
Laser Technology ◽  
Commercial Potential ◽  
Engineering Sciences ◽  
Expert Study

In the course of previous research, it has been revealed, that specifics of different technology manufacturing branches are important for assessing the commercial potential. Several technology manufacturing branches already had big input from past and now cover the most promising part of the national economy. For these reasons, it was decided to customize the model for assessing the commercial potential to biotechnology, mechatronics, laser technology, information technology, nanoelectronics. Development of a set of factors for assessing commercial potential for different technology manufacturing branches is the first stage of the model’s customization process and the main purpose of this article. The next steps will include an expert study aimed at clarifying a set of factors based on the literature analysis, identifying the significance and the meanings of factor values. The literature of technology management did not take into account the specifics of the different technology manufacturing branches, therefore sources analysing the problems of intellectual property law, problems of different engineering sciences was used. With the help of the aforementioned literature in order to adapt the set of factors to each technology manufacturing branch aims to identify the challenges and problems are faced by representatives of different technology manufacturing branches in the process commercialization.

scholarly journals Droit de Suite – The Artists’ Resale Right

2012 ◽  
pp. 71-75
Author(s):  
Anthony O’Dwyer
Keyword(s):  
Intellectual Property ◽  
English Translation ◽  
Copyright Law ◽  
Property Law ◽  
Future Success ◽  
Traditional Sense ◽  
First Sale ◽  
Definition Of ◽  
The Right ◽  
Droit De Suite

This article looks at the droit de suite, which is a legally recognised right that forms part of copyright law and more widely, intellectual property law. The article reviews the present restrictive application of the law, analyses the definition of the “artist” and discusses the merit of a wider interpretation and application of the droit de suite. The English translation of droit de suite literally means the ‘right to follow’ and, in the context of the artists’ resale right, it allows artists to follow the future success of their artistic works. This future success involves an economic entitlement that the artist may participate in. In practical terms this means that, after the first sale of the artistic work, every subsequent public sale, for instance through a dealer or a gallery, is subject to a sort of royalty. Royalties in the traditional sense entitle various types of artistic creators, such as ...

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

Deceptive Advertising and Taking Responsibility for Others

2018 ◽  
Author(s):  
Seana Valentine Shiffrin
Keyword(s):  
Food Supply ◽  
Freedom Of Speech ◽  
Property Law ◽  
Extended Form ◽  
Deceptive Advertising ◽  
Consumer Autonomy ◽  
Time And Energy ◽  
Special Responsibility ◽  
The U.S

This chapter considers how the U.S. law of deceptive advertising embeds within it an extended form of responsibility, making advertisers sometimes responsible for consumers’ mistakes. The chapter justifies this pattern of liability as a division of moral labor that bolsters consumers’ ability to trust the quality of the food supply and the representations made about it. It answers worries about paternalism, arguing that the law is not predicated on distrust of consumers, but facilitates consumer autonomy, permitting consumers to direct their scarce time and energy to projects of their own choosing. The chapter also answers freedom of speech concerns about restricting advertisers’ ability to make factually true representations. It emphasizes that commercial speakers have a special responsibility to ensure accurate uptake by consumers because property law affords commercial producers the ability to exclude consumers and their representatives from verifying speech about speakers’ products for themselves.

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