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Copyright Resources for Libraries & Archives: Periodical Articles

Legal Periodicals on Westlaw platform

 

1. WHO OWNS THIS ARTICLE? APPLYING COPYRIGHT’S WORK-MADE-FOR-HIRE DOCTRINE TO LIBRARIANS’ SCHOLARSHIP

Law Library Journal Winter, 2016 108 Law Libr. J. 33

The Copyright Act of 1976 provides that works--including scholarship--written within the scope of employment belong to employers. But copyright law and actual practices widely diverge. The academic community generally allows librarians to claim ownership of their writing, even when that ignores copyright law. Mr. Hellyer supports copyright...

. Lawyer or Librarian? Who Will Answer Your Copyright Question?

Intellectual Property Journal December, 2015 28 I.P.J. 33

In most institutions and organizations, if you have a legal question you head over to the legal department. When someone has a copyright question, however, they often head over to the library or information centre to discuss it with the librarian or information professional responsible for copyright and licensing issues. When did this shift occur,...

 

3. COPYRIGHT REFORM PRINCIPLES FOR LIBRARIES, ARCHIVES, AND OTHER MEMORY INSTITUTIONS

Berkeley Technology Law Journal Symposium 2014 29 Berkeley Tech. L.J. 1559

U.S. libraries, archives, and other memory institutions are stewards of some of the largest collections of copyrighted content in the world. These institutions hold billions of works, the vast majority of which have been created in the last century and are thus subject to copyright protection. This Article is about how these institutions interact...

 

4. SOLVING THE ORPHAN WORKS PROBLEM FOR THE UNITED STATES

Columbia Journal of Law & the Arts Fall 2013 37 Colum. J.L. & Arts 1

Introduction and Background. 3 I. The Orphan Works Problem Is Not a Myth. 4 A. The Large Number of Orphan Works Stifles Library and Archive Use. 5 B. The Orphan Works Problem Is the Logical Result of Changes to U.S. Copyright Law Over the Last Several Decades. 12 II. Social Benefits Would Flow from Making Orphan Works Accessible. 14 A. Collection,...

 

5. SEPARATION OF POWERS -- APPOINTMENTS CLAUSE -- D.C. CIRCUIT HOLDS APPOINTMENT OF COPYRIGHT ROYALTY JUDGES BY LIBRARIAN OF CONGRESS VIOLATES APPOINTMENTS CLAUSE. -- INTERCOLLEGIATE BROADCASTING SYSTEM, INC. V. COPYRIGHT ROYALTY BOARD, 684 F.3D 1332 (D.C. CIR. 2012), REH’G AND REH’G EN BANC DENIED, NO. 11-1083 (D.C. CIR. AUG. 28, 2012).

Harvard Law Review January, 2013 126 Harv. L. Rev. 834

When attempting to insulate an executive branch officer from presidential control, Congress faces a dilemma. The Constitution’s Appointments Clause delineates the required appointment mechanisms for “Officers of the United States.” “[P]rincipal” officers must be appointed by the President and confirmed by the Senate, while inferior officers may be...

 

 

6. RESTORING THE PUBLIC LIBRARY ETHOS: COPYRIGHT, E-LICENSING, AND THE FUTURE OF LIBRARIANSHIP

Law Library Journal Spring, 2012 104 Law Libr. J. 195

Mr. Cross describes the privileged nature of libraries in copyright law and the way that the recent trend toward licensing content undermines that position. In response, he proposes aggressive licensing and library use guided by the public library ethos, the core set of beliefs and practices that justify libraries’ privileged position....

 

7. FUNCTIONAL PARENTING AND DYSFUNCTIONAL ABORTION POLICY: REFORMING PARENTAL INVOLVEMENT LEGISLATION

Family Court Review April, 2012 50 Fam. Ct. Rev. 241

Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article...

 

 

8. COPYRIGHT LAW-- DIGITAL MILLENNIUM COPYRIGHT ACT -- LIBRARIAN OF CONGRESS EXEMPTS UNIVERSITY PROFESSORS AND FILM STUDENTS FROM DMCA ANTICIRCUMVENTION PROVISIONS. -- EXEMPTION TO PROHIBITION ON CIRCUMVENTION OF COPYRIGHT PROTECTION SYSTEMS FOR ACCESS CONTROL TECHNOLOGIES, 75 FED. REG. 43,825 (JULY 27, 2010) (TO BE CODIFIED AT 37 C.F.R. PT. 201).

Harvard Law Review April, 2011 124 Harv. L. Rev. 1604

Since the emergence of the digital era, the use of technology in the classroom has become increasingly pervasive, and the virtues of such uses have been quite widely felt. Section 1201 of the Digital Millennium Copyright Act (DMCA) generally prohibits the circumvention of technological access controls, which have the effect of limiting the degree...

 

 

9. EXPLORING THE JAILBREAKING EXEMPTION TO EXAMINE THE LIBRARIAN OF CONGRESS’S POWER UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

Temple Journal of Science, Technology & Environmental Law Spring 2011 30 Temp. J. Sci. Tech. & Envtl. L. 145

Smartphones are increasingly prevalent in American life. It is estimated that one in four Americans currently own smartphones and by the end of 2011 that number will rise to one in two. One of the country’s most popular smartphones is Apple’s iPhone. When the original iPhone debuted in July 2007, one million phones were sold in the first three...

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10. HARMONIZING CHOICE OF LAW IN ARTICLE 9 WITH EMERGING INTERNATIONAL NORMS

Gonzaga Law Review 2010-2011 46 Gonz. L. Rev. 235

I. Introduction. 235 II. The Unhappy Engagement of the Uniform Law Process with Choice of Law. 242 III. Taming Article 9’s Choice of Law Imperialism. 250 A. Article 9’s Choice of Law Imperialism. 251 B. Better Living Through Harmonization. 259 IV. Filling Article 9’s Void on Choice of Law Governing Characterization. 267 A. Recharacterization Under...

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11. LIBRARIES, DIGITAL CONTENT, AND COPYRIGHT

Vanderbilt Journal of Entertainment and Technology Law Summer 2010 12 Vand. J. Ent. & Tech. L. 755

Libraries use, acquire, create and host generate digital content. They digitize their existing collections of works such as letters, diaries and manuscripts and post them on library websites. Increasingly, libraries are utilizing digital technology to preserve library works which may or may not be made available to the public. Libraries also...

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12. OPENING THE DOORS TO DIGITAL LIBRARIES: A PROPOSAL TO EXEMPT DIGITAL LIBRARIES FROM THE COPYRIGHT ACT

Case Western Reserve Journal of Law, Technology & the Internet Spring, 2010 1 Case W. Reserve J.L. Tech. & Internet 121

C1-3Table of Contents I. Introduction. 121 II. The Purpose of Copyright Law in the U.S. 125 III. Copyright Law and Digital Libraries. 130 A. The Google Books Project. 130 B. How Google Books Works. 131 C. Opt-In vs. Opt-Out Systems. 132 D. International Analysis of Orphaned Works Problem. 134 IV. Digital Library Exemption from Copyright Law. 135 A....

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13. LIBRARIES AND COPYRIGHT AT THE DAWN OF THE TWENTIETH CENTURY: THE 1909 COPYRIGHT ACT

North Carolina Journal of Law & Technology 2010 11 N.C. J. L. & Tech. 419

As the twentieth century began, Congress again considered revising the copyright law of the United States. Under the leadership of Herbert Putnam, the Librarian of Congress, and Senator Alfred Kittredge, with the assistance of Thorvald Solberg, the Register of Copyrights, a series of conferences with various stakeholders and interested parties were...

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14. THE CONSTITUTIONALITY OF THE APPOINTMENT OF COPYRIGHT ROYALTY JUDGES BY THE LIBRARIAN OF CONGRESS UNDER THE APPOINTMENTS CLAUSE

Journal of Intellectual Property Law Fall, 2009 17 J. Intell. Prop. L. 89

In 2006, under the power of a 2004 amendment to the Copyright Act (the Act), the Librarian of Congress appointed the Copyright Royalty Board (the CRB), a panel of three copyright royalty judges to oversee statutory licensing and related royalty rates. In one of its first major decisions, the CRB, following the so-called “Web II” proceeding that...

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15. THE ORIGINALITY OF PHOTOGRAPHS FOR PURPOSES OF COPYRIGHT LAW BEFORE AND AFTER BRIDGEMAN ART LIBRARY, LTD. V. COREL CORP.

Florida Coastal Law Review Winter 2009 10 Fla. Coastal L. Rev. 319

Nothing says Season’s Greetings quite like a personalized family photograph. Although professional photographers were essential to the outcome years ago, the emergence of digital cameras helps any amateur photographer produce professional looking images. Even if the photographs do not look professional after they are taken, photo editing software...

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16. ACADEMIC LIBRARIES AND COPYRIGHT ISSUES IN GHANA: THE UNIVERSITY OF GHANA IN FOCUS

International Journal of Legal Information Winter 2008 36 Int’l J. Legal Info. 432

This paper briefly outlines what copyright is, the main actors in the copyright phenomenon, and the need to maintain a balance among them. The paper further discusses the difficulty in upholding copyright in relation to access to information in the University of Ghana, problems associated with the use of digital materials, the inadequacy of the...

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17. REPORT SAYS COPYRIGHT LAW SHOULD CHANGE TO REFLECT DIGITAL TECHNOLOGIES

Lawyer’s PC May 1, 2008 25 No. 15 Law. PC 7

After almost three years of intensive study, the independent Section 108 Study Group has issued its report and recommendations on exceptions to copyright law to address how libraries, archives and museums deal with copyrighted materials in fulfilling their missions in the digital environment. The report is available at www.section108.gov. Section...

 

 

18. CONFLICTS OF INTEREST IN LAWYER REFERRAL ARRANGEMENTS WITH NONLAWYER PROFESSIONALS

Georgetown Journal of Legal Ethics Spring, 2008 21 Geo. J. Legal Ethics 197

The law of lawyering imposes significant regulatory constraints on the attorney-client relationship. For example, lawyers owe clients a general fiduciary duty to keep client interests above those of the lawyer. Lawyers can only charge clients a reasonable fee. In addition, lawyers owe clients an obligation to avoid conflicts of interests. Some of...

 

 

19. UNCIVIL RELIGION: JUDEO-CHRISTIANITY AND THE TEN COMMANDMENTS

West Virginia Law Review Fall, 2007 110 W. Va. L. Rev. 275

“With respect to public acknowledgment of religious belief, it is entirely clear from our Nation’s historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.” Justice Antonin Scalia I. Introduction: The Permissible...

 

20. “AUTHORS v INTERNET ARCHIVES”: THE COPYRIGHT INFRINGEMENT BATTLE OVER WEB PAGES

Journal of the Patent and Trademark Office Society May, 2007 89 J. Pat. & Trademark Off. Soc’y 410

Archiving Internet content by storing old versions of Web pages is currently a growing trend because of the educational, cultural, and legal evidentiary value it provides. Google and the Internet Archive are two examples of Web archives that store old Web pages. The Internet Archive provides a “Wayback Machine,” and Google, Inc. (“Google”) provides...

 

21. THE WAVE OF THE FUTURE OR BLATANT COPYRIGHT INFRINGEMENT?

New York State Bar Journal May, 2007 79-MAY N.Y. St. B.J. 44

The concept of making all knowledge readily available for free to everyone, or at least everyone with access to the Internet, is now more than just a dream to some. Of course, to achieve such a universal library would require, in the opinion of those opposed, either a wholesale revamping of current copyright laws or judicial interpretations that...

 

22. A COPYRIGHT BALANCE? AN OVERVIEW FOR LIBRARIANS OF CURRENT UK COPYRIGHT LAW

International Journal of Legal Information Spring, 2007 35 Int’l J. Legal Info. 47

This article aims at providing librarians with an overview of the current copyright position within the UK. I will begin by examining the copyright regime set up by the UK Copyright, Designs and Patents Act of 1988. I will then assess the impact of several key EU Directives and implementing UK Statutory Instruments on the working of this regime,...

 

23. TESTING THE BOUNDARIES OF COPYRIGHT PROTECTION: THE GOOGLE BOOKS LIBRARY PROJECT AND THE FAIR USE DOCTRINE

Cornell Journal of Law & Public Policy Spring 2007 16 Cornell J.L. & Pub. Pol’y 417

INTRODUCTION. 417 I. WHAT IS GOOGLE BOOK SEARCH AND HOW DOES IT WORK?. 422 A. The Partner Program. 423 B. The Library Project. 424 II. BOOK DIGITIZATION PROJECTS IN GENERAL. 426 A. Value to the Consumer and Society. 426 B. Alternative Projects. 427 III. AN INTRODUCTION TO U.S. COPYRIGHT LAW AND THE FAIR USE DOCTRINE. 429 A. Copyright...

 

24. COPYRIGHT LAW--LIBRARIANS WHO TEACH: EXPANDING THE DISTANCE EDUCATION RIGHTS OF LIBRARIES BY APPLYING THE TECHNOLOGY EDUCATION AND COPYRIGHT HARMONIZATION ACT OF 2002

Western New England Law Review 2007 29 W. New Eng. L. Rev. 875

Scott, a reference librarian at an academic library, opens his e-mail and finds a request from a faculty member. Professor Smiler has asked that a copyrighted report and clips of a video owned by the library be scanned and made available electronically to the students in his on-campus Adolescent Development class. Scott knows he has the technical...

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25. AMENDING THE COPYRIGHT ACT FOR LIBRARIES AND SOCIETY: THE SECTION 108 STUDY GROUP

Albany Law Review 2007 70 Alb. L. Rev. 1331

Libraries house copyrighted books and journals in their collections, provide intellectual access to them through catalogs and indexes, and make them available to users. Many researchers and readers are able to use library copies of the works over time, so access to the work is shared. Most libraries exist for this very purpose. Archival collections...

 

26. LOCKING DOWN THE LIBRARY: HOW COPYRIGHT, CONTRACT, AND CYBERTRESPASS BLOCK INTERNET ARCHIVING

Hastings Communications and Entertainment Law Journal (COMM/ENT) Fall 2006 29 Hastings Comm. & Ent L.J. 1

I. Introduction. 1 II. Background: What Archives Are Doing. 4 A. Collecting The Internet. 4 B. Republishing. 7 III. The Case For the Archives as Custodians of History. 9 A. The Archive and Constitutional Values, Preserving the Commons. 10 B. Cultural Property and Cultural Heritage. 16 IV. Copyright Problems. 19 A. Facial Copyright Infringement. 19...

 

27. THE COPYRIGHT IMPLICATIONS OF WEB ARCHIVING AND CACHING

Syracuse Science & Technology Law Reporter Fall, 2006 14 Syracuse Sci. & Tech. L. Rep. 1

Despite the best efforts of the drafters of the Copyright Act, new technologies and methods raise new legal questions in the battle between the protection of authors’ rights and the availability of information to the public. These debates often begin online in various blogs and web sites, until they eventually find themselves before a court of law....

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28. PRESIDENT BUSH SIGNS FDCPA REGULATORY RELIEF BILL

Consumer Finance Law Quarterly Report Fall, 2006 60 Consumer Fin. L.Q. Rep. 528

On October 13, 2006, President Bush signed the Financial Services Regulatory Relief Act of 2006, S. 2856 (the Act). The Act amends the Fair Debt Collection Practices Act (FDCPA) to: • clarify that formal pleadings are not initial communications: • include an exception to the definition of initial communication for forms or notices that do not...

 

29. MY LIBRARY: COPYRIGHT AND THE ROLE OF INSTITUTIONS IN A PEER-TO-PEER WORLD

UCLA Law Review April, 2006 53 UCLA L. Rev. 977

Today’s technology turns every computer--every hard drive--into a type of library. But the institutions traditionally known as libraries have been given special consideration under copyright law, even as commercial endeavors and filesharing programs have begun to emulate some of their functions. This Article explores how recent technological and...

 

30. BUILDING UNIVERSAL DIGITAL LIBRARIES: AN AGENDA FOR COPYRIGHT REFORM

Pepperdine Law Review 2006 33 Pepp. L. Rev. 761

I. Introduction II. The Development of Digital Libraries A. Building a “Vast Electronic Library” on the Internet B. Public Investment in Digital Library Projects C. Private Investment in Specific Digital Library Projects 1. The Pioneers: Digitizing the Law and the News 2. The Next Generation: Digital Libraries of Books and Journals 3. The Near...

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31. GOOGLE’S TECHNICOLOR DREAMCOAT: A COPYRIGHT ANALYSIS OF THE GOOGLE BOOK SEARCH LIBRARY PROJECT

Berkeley Technology Law Journal 2006 21 Berkeley Tech. L.J. 213

I am certainly not an advocate for frequent changes in laws and constitutions. But laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must...

 

32. WHY MEXICO? WHY MEXICAN LAW? WHY NOW?

Penn State International Law Review Fall 2005 24 Penn St. Int’l L. Rev. 373

During the summer of 2005, the three authors of this essay met for the first time in Mexico City on the campus of Escuela Libre de Derecho (ELD) as we prepared to teach our respective courses during a five week program sponsored by the University of San Diego’s Institute on International and Comparative Law. We quickly discovered that despite our...

 

 

33. COPYRIGHT IN LIBRARY-HELD MATERIALS: A DECISION TREE FOR LIBRARIANS

Law Library Journal Summer, 2004 96 Law Libr. J. 425

In this article, Professor Burnham helps librarians determine the copyright status of works in the library’s collection. With that information, the library is in a better position to decide what uses can be made of the works and to recognize the consequences if the library makes an erroneous decision. Finally, he applies the suggested method to a...

 

34. STATE SOVEREIGN IMMUNITY AND THE PROTECTION OF INTELLECTUAL PROPERTY: DO RECENT CONGRESSIONAL ATTEMPTS TO “LEVEL THE PLAYING FIELD” RUN AFOUL OF CURRENT ELEVENTH AMENDMENT JURISPRUDENCE AND OTHER CONSTITUTIONAL DOCTRINES?

North Carolina Law Review March, 2004 82 N.C. L. Rev. 1067

Introduction. 1069 I. Description of the IPPRA of 2003 and the Draft Leahy/Hatch Amendments. 1076 A. Purposes of the IPPRA of 2003. 1077 B. Equalization of Intellectual Property Remedies by Conditional Waiver. 1079 C. Clarification of Remedies Available for Infringement by State Officers and Employees. 1080 D. Liability of States for Constitutional...

 

35. THE DANISH COPYRIGHT SYSTEM AND COPYING WITHIN LIBRARIES

International Journal of Legal Information Winter, 2003 31 Int’l J. Legal Info. 445

This article gives a brief introduction to the Danish copyright system and focuses in particular on copying within libraries and copying for the purpose of interlibrary loans. The Danish copyright law has its roots in the continental European droit d’auteur tradition rather that the Anglo-American copyright model. In short, this means that the...

 

36. COPYRIGHT OWNERSHIP & THE IMPACT ON ACADEMIC LIBRARIES

DePaul-LCA Journal of Art and Entertainment Law Fall 2003 13 DePaul-LCA J. Art & Ent. L. 277

Academic libraries play a key role in educational institutions in many spheres, including copyright. Library collections house both copyrighted and public domain materials, and their missions are to make these works available to students and faculty in support of teaching, learning, research and scholarship. Some of these copyrighted works are...

 

37. COPYRIGHT IN 1791: AN ESSAY CONCERNING THE FOUNDERS’ VIEW OF THE COPYRIGHT POWER GRANTED TO CONGRESS IN ARTICLE I, SECTION 8, CLAUSE 8 OF THE U.S. CONSTITUTION

Emory Law Journal Spring 2003 52 Emory L.J. 909

I. Introduction. 910 II. The Beginnings of Anglo-American Copyright Law. 913 A. The Stationer’s Copyright. 913 B. The Licensing Act and the Statute of Anne. 914 C. Copyright from 1710 to 1774. 923 III. Copyright in the New Nation. 929 A. The Founders’ Knowledge of Copyright. 929 B. Before the Constitution. 931 C. The Copyright Clause and the 1790...

 

38. NEGLECTING THE NATIONAL MEMORY: HOW COPYRIGHT TERM EXTENSIONS COMPROMISE THE DEVELOPMENT OF DIGITAL ARCHIVES

Journal of Appellate Practice and Process Fall, 2002 4 J. App. Prac. & Process 451

On October 9, 2002, the United States Supreme Court heard argument in what may be the most important copyright case of the past two decades, Eldred v. Ashcroft. The plaintiff, Eric Eldred, brought his suit to challenge the Copyright Term Extension Act, a 1998 law that extended the term of copyright for both future and subsisting works by twenty...

 

39. AALL TO SPONSOR WORKSHOP ON COPYRIGHT LAW IN LIBRARIES

Lawyer’s PC August 15, 2001 18 No. 22 Law. PC 8

The American Association of Law Libraries will sponsor a workshop on “Applying Copyright Law in Libraries” September 10 in St. Petersburg, FL. For details, visit www.aallnet.org/prodev.

 

 

40. DROPPING SLUGS IN THE CELESTIAL JUKEBOX: CONGRESSIONAL ENABLING OF DIGITAL MUSIC PIRACY SHORT-CHANGES COPYRIGHT HOLDERS

San Diego Law Review Fall 2000 37 San Diego L. Rev. 1165

I. Introduction. 1166 II. Background of Digital Music Piracy. 1167 III. The Relevant Technology. 1170 A. The Internet. 1170 B. Personal Computers and Their Connection to the Internet. 1171 C. Audio Files and Compression Thereof: The Significance of MP3. 1173 IV. Recent Copyright Legislation. 1176 A. Audio Home Recording Act of 1992. 1176 1....

 

41. VALUES CONFLICT IN THE DIGITAL ENVIRONMENT: LIBRARIANS VERSUS COPYRIGHT HOLDERS

Columbia-VLA Journal of Law & the Arts Fall 2000 24 Colum.-VLA J.L. & Arts 115

Librarians share many values with creators and publishers of copyrighted works, but their interests and values sometimes conflict. Additionally, the core values of each group sometimes conflict with the goals of copyright law. While these conflicts have existed for centuries, they are escalating in the rapidly expanding digital environment, and the...

 

42. SIMULTANEOUS COPYRIGHT AND TRADE SECRET CLAIMS: CAN THE COPYRIGHT MISUSE DEFENSE PREVENT CONSTITUTIONAL DOUBLETHINK?

Dickinson Law Review Winter 2000 104 Dick. L. Rev. 247

I. Introduction. 249 II. The Copyright Misuse Defense. 252 A. The Development of the Copyright Misuse Defense. 253 B. The Analogous Misuse of Patent Defense. 258 C. The Misuse Defense as It Has Been Applied in Copyright Cases. 262 1. The Misuse Defense Triggered by Tying an Uncopyrighted Product to the Copyrighted Product. 263 2. The Misuse Defense...

 

43. LAW LIBRARIANS TO STAGE WORKSHOP ON COPYRIGHT IN THE TECHNOLOGY AGE

Lawyer’s PC April 15, 1999 16 No. 14 Law. PC 13

The American Association of Law Libraries’ Professional Development Committee will present “Copyright Law in the Age of Technology” in Washington, DC, May 13. The professional development program will address the many issues surrounding copyrights and the challenges technology presents to copyright law. It will answer such questions as: “How does...

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44. A LOOK BACK AT THE TULANE LAW SCHOOL OF JOHN MINOR WISDOM’S ERA

Tulane Law Review June, 1996 70 Tul. L. Rev. 2091

The Law School’s building was about to burst at its seams. Its library could no longer contain all the books, tables, and people that competed for space. Classrooms and corridors were feeling the strain created by an increasing number of students and faculty members. The Board of Administrators of Tulane University, “realizing the importance of the...

 

45. INDIGENOUS PEOPLES AND INTERNATIONAL ORGANIZATIONS: ISSUES AND RESPONSES

International Journal of Legal Information Winter, 1995 23 Int’l J. Legal Info. 217

This article will discuss indigenous peoples’ rights under international law and the responses of international organizations to indigenous peoples . It will first define the concept of indigenous peoples, review the history of European contact, and identify some issues of concern. It will then review the response of international governmental...

 

 

46. HEADING THEM OFF AT THE PASS—CAN COUNTERFEIT GOODS OF FOREIGN ORIGIN BE STOPPED AT THE COUNTERFEITER’S BORDER?

The Trademark Reporter September-October, 1994 84 Trademark Rep. 477

In recent years, United States trademark owners have been increasingly damaged by the manufacture and sale of products bearing counterfeit trademarks emanating from abroad. It has been estimated that United States businesses are losing many billions of dollars worldwide to foreign counterfeiting activities. The United States Customs Service alone...

 

47. LIBRARY OPEN-DISTRIBUTION SYSTEMS AND COPYRIGHT INFRINGEMENT IN CANADA AND THE UNITED STATES

Law Library Journal Summer, 1994 86 Law Libr. J. 399

Ever since Gutenburg applied moveable type to printing, technological changes have redefined the rules of publishing. Mr. Pearse explains the redefinition caused by electronic publishing, and the apparent difficulty copyright law has in adapting to rapid technological change in both Canada and the United States. In 1709 the first copyright act...

 

48. THE COMPUTER SOFTWARE RENTAL AMENDMENTS ACT OF 1990: THE NONPROFIT LIBRARY LENDING EXEMPTION TO THE “RENTAL RIGHT”

Journal of the Copyright Society of the U.S.A. Spring, 1994 41 J. Copyright Soc’y U.S.A. 231

L1-2INTRODUCTION 234 I. THE COMPUTER SOFTWARE RENTAL AMENDMENTS ACT AND THE NONPROFIT LIBRARY LENDING EXEMPTION. 235 A. The Rental Right as a Limit on the First Sale Doctrine. 235 B. Permanent Rental Right for Computer Programs and Sound Recordings. 238 C. Description of Computer Software Rental Amendments. 240 1. Prospective Application. 240 2....

 

49. THE FALL 1993 HORACE S. MANGES LECTURE - COPYRIGHT AND LIBRARIES: ACT II

Columbia-VLA Journal of Law & the Arts Summer, 1993 17 Colum.-VLA J.L. & Arts 417

It is a great honor and a major challenge to be given the opportunity to deliver the 1993 Horace S. Manges lecture. As I looked back on copyright activities within the library community in North America, I was initially reluctant to get involved. However, once I was involved, like Br’er Rabbit, I was stuck. The issue of the relationship between...

 

50. LOOK BEYOND LEXIS AND WESTLAW: OTHER COMPUTER APPLICATIONS IN THE PRACTICE OF LAW

Law Library Journal Summer, 1993 85 Law Libr. J. 575

Ms. Krause argues that librarians need to take a more proactive role in educating law students about automation in the legal industry. To introduce students to the automated legal environment, she provides seminar topics, including law firms of the future, litigation support systems, computers in the courtroom, and nonlegal databases. Upon entering...

 

51. WHY CAN’T I WATCH THIS VIDEO HERE? COPYRIGHT CONFUSION AND PERFORMANCE OF VIDEOCASSETTES & VIDEODISCS IN LIBRARIES

Hastings Communications and Entertainment Law Journal (COMM/ENT) Summer, 1993 15 Hastings Comm/Ent L.J. 837

C1-3Table of Contents I. Copyright Law. 845 A. Brief History. 845 B. The Copyright Act of 1976. 848 1. Section 102-Works Eligible for Protection. 848 2. Section 106-Rights of Copyright Owners. 849 3. Limitations on the Rights of Copyright Owners, Exemptions from Infringement, and Compulsory Licenses. 858 a. Section 107-Fair Use Limitation. 859 b....

 

 

52. IS THE LIBRARY WITHOUT WALLS ON A COLLISION COURSE WITH THE 1976 COPYRIGHT ACT?

Law Library Journal Summer, 1993 85 Law Libr. J. 619

The technology exists at reasonable prices to convert almost any type of information to electronic form. Professor Jensen suggests that the “library without walls” is not developing as fast as the technology. Her article examines the possible impact of the current copyright law on that development. The “library without walls” has been a frequent...

 

53. STATE LEGISLATIVE HISTORIES: A SELECT, ANNOTATED BIBLIOGRAPHY

Law Library Journal Summer, 1993 85 Law Libr. J. 545

Mr. Torres and Mr. Windsor provide an annotated listing, organized by jurisdiction, of sources describing the compilation and uses of legislative history materials in American states. If you like laws and sausages, you should never watch either one being made. --Otto Von Bismarck(?) For state courts, as well as federal courts, the basic rule of...

 

54. THE LIBRARY OF CONGRESS ADVISORY COMMITTEE ON COPYRIGHT REGISTRATION AND DEPOSIT - LETTER AND REPORT OF THE CO-CHAIRS

Columbia-VLA Journal of Law & the Arts Spring, 1993 17 Colum.-VLA J.L. & Arts 271

[Editor’s Note: On September 15, 1993, the co-chairs of the Library of Congress Advisory Committee on Copyright Registration and Deposit (ACCORD) submitted a report to Dr. James H. Billington, the Librarian of Congress. The following sets forth the contents of the report and the letter which accompanied its submission.] Dear Dr. Billington: We are...

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55. GUIDE TO RESEARCHING INTERNATIONAL HUMAN RIGHTS LAW

Case Western Reserve Journal of International Law Spring, 1992 24 Case W. Res. J. Int’l L. 379

This pathfinder is intended to serve as an introduction to international human rights law research. It contains the treaties, resolutions, caselaw, and articles needed to research this topic. With a few exceptions for bibliographies and research guides, citations will not be made to periodical articles since they can easily be found as explained...

 

56. A COMPARATIVE ANALYSIS OF COPYRIGHT LAWS APPLIED TO FASHION WORKS: RENEWING THE PROPOSAL FOR FOLDING FASHION WORKS INTO THE UNITED STATES COPYRIGHT REGIME

Texas International Law Journal Spring, 1991 26 Tex. Int’l L.J. 341

I. Introduction II. Fashion Design Piracy: A Perspective III. The Current Legal State of the Art in the United States A. Fashion Works as Copyright’s Orphans: The Current Anomalous Doctrine B. The Ill-Suited Design Patent C. Trademark D. Unfair Competition E. State Law Specifically 1. Misappropriation 2. Conversion 3. Fraud, Breach of Contract, and...

 

57. THE FUTURE OF COPYRIGHT PROTECTION AND COMPUTER PROGRAMS—BEYOND APPLE v. FRANKLIN

Northern Kentucky Law Review 1986 13 N. Ky. L. Rev. 97

In the significant and closely watched computer software case, Apple Computer, Inc. v. Franklin Computer Corp., the United States Court of Appeals for the Third Circuit handed down a decision on August 30, 1983, that clarified and solidified the view recognizing the copyrightability of computer programs, and probably ended the first round of...

 

58. COPYRIGHT LAW AND THE ACADEMIC COMMUNITY: ISSUES AFFECTING TEACHERS, RESEARCHERS, STUDENTS, AND LIBRARIES

U.C. Davis Law Review Summer, 1984 17 U.C. Davis L. Rev. 1147

Basic knowledge of copyright law is essential for all persons who write, perform research, or teach. Yet many students, teachers, and researchers know little about copyright law. Unless better informed they may infringe the rights of copyright holders and risk legal action, or they may fail to protect the copyright in their own work. This Article...

 

59. ADJUSTING TO THE MANAGERIAL REVOLUTION: THE LAW OF CORPORATIONS IN THE FEDERAL COURTS OF DELAWARE 1900-1941

William and Mary Law Review Summer, 1982 23 Wm. & Mary L. Rev. 725

This Article is the third in a series on the federal courts in Pennsylvania, New Jersey, and Delaware. The collective title of the series, which eventually will be published as a book as part of the Bicentennial, is Studies in the History of the Third Circuit. These essays border on the picaresque and do not purport to be a definitive history of...

 

60. THE FIRST AMENDMENT IN ITS FORGOTTEN YEARS

Yale Law Journal January, 1981 90 Yale L. J. 514

C1-6TABLE OF CONTENTS I. L2-5Free Speech Before the Courts 522 A. L3-5Supreme Court Cases 524 1. L4-5Avoiding First Amendment Issues 525 L4-5Resisting Incorporation into the Fourteenth Amendment 525 L4-5Excluding Publications from the Mails 526 L4-5Neglecting First Amendment Issues 529 L4-5Limiting the Meaning of Speech 531 2. L4-5Addressing First...

 Archive of older articles from non-law sources used in earlier presentations

 Archive of articles and reports on Interlibrary Loans

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