Publications and Announcements

Freelance Articles and Electronic Databases: Who Owns the Copyrights?

Media & Communications

By: Christine Soares There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0025

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Copyrights in Computer-Generated Works: Whom, if Anyone, Do We Reward?

Copyrights & Trademarks

By: Darin Glasser Computer-generated works raise grave authorship concerns under U.S. copyright law, with arguments in favor of allocating copyrights to the computer user, programmer, the computer itself, or some combination therein. The author discusses the issues and paradoxes inherent in these choices, and assesses the nature of mathematical graphical processes in light of the idea/expression dichotomy. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0024

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International Liability in Cyberspace

International

By: Matthew Crane Activities in cyberspace often expose companies to “cybertorts”, a species of tort particularly difficult to reconcile with standard insurance policies. The author explores some of the difficulties in obtaining coverage for cybertorts from traditional insurance policies, and makes recommendations for companies to reduce their cyberspace liability exposure. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0023

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The Clone Wars: The Growing Debate Over Federal Cloning Legislation

Health & Biotechnology

By: John Garvish As readers of science fiction are well aware, the term “clone” refers to asexually produced offspring, that is, offspring produced by a process of cell-division which does not begin with the union of two sex cells. A clone is the genetic twin of the cell donor. Propagation of plants by this method is, of course, commonplace, but mammalian reproduction in this fashion would indeed be a revolutionary accomplishment, with profound and disturbing implications. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0022

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Virtual Las Vegas: Regulate or Prohibit?

CyberCrime

By: Cara Franklin With online gambling becoming increasingly accessible and popular, state and federal politicians are asking themselves how to make the prohibition on online gambling effective. Nevertheless, questions still linger as to whether outright prohibition is truly the right answer. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0021

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International Upheaval: Patent Independence Protectionists and the Hague Conference

Patents & Technology

By: Kyle Grimshaw International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0020

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The Complexities of On-Line Mutual Fund Advertising: A Summary of the Relevant Regulations

eCommerce

By: Corey Ciocchetti As the investment marketplace advances with current technology, paper-based advertising has quickly been supplemented by on-line advertising. Interestingly, both the Securities Exchange Commission and the National Association of Securities Dealers are treating this new medium similarly to the old-fashioned paper-based medium. This iBrief discusses and summarizes the current regulations surrounding one emerging form of on-line advertising – that of mutual funds. This discussion is intended to form a solid foundation from which an interested party may delve further into this emerging area of e-commerce. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0019

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The First Sale Doctrine and Digital Phonorecords

Copyrights & Trademarks

By: Bob Hyde This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an author’s exclusive right to reproduce the underlying musical work and this distribution is not subject to First Sale protection. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0018

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The Future of Database Protection in U.S. Copyright Law

Copyrights & Trademarks

By: Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser & Emelio Mena In the recent British Horseracing Board case, the English High Court signaled a return to the “sweat of the brow” standard of copyright protection. Although recent attempts have been made in the United States to protect databases under this standard, this iBrief argues that the information economy is wise to continuing protecting this data through trade secret, State misappropriation and contract law until legislation is passed. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0017

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Software Disclosure and Liability Under the Securities Acts

eCommerce

By: Carl C. Carl Can a software company be liable under the securities laws when it sells securities without disclosing that it will not give free updates on current software as new technology makes them obsolete? What exactly must be disclosed and how does one say it without subjecting the company’s business practices to close scrutiny? The Eleventh Circuit recently applied the time-honored standard of meaningful cautionary language to software companies in finding that the disclosures of a software company were enough to avoid liability under the securities laws when the company provided meaningful cautionary language in their prospectus. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0016

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