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This Chapter addresses a hotly debated topic in copyright law in the United States: the intricate relationship among Sections 106, 109(a), and 602(a)(1) of the Copyright Act and the impact of the decisions of the Supreme Court in Quality King and Costco on the application of the first sale rule...
Persistent link: https://www.econbiz.de/10013091153
In this chapter, I criticize the practice of using trademark law in addition to, or instead of, copyright law (overlapping rights) to protect exclusive rights in creative works in the United States. Notably, I argue that, regardless of whether creative works can theoretically fit under both sets...
Persistent link: https://www.econbiz.de/10013075740
In this article, we suggest that the U.S. Congress could implement a legislative provision prohibiting copyright protection for incidental product features in the context of parallel imports. The U.S.would not be the first country to implement such a provision. In 1994, Singapore pioneered the...
Persistent link: https://www.econbiz.de/10013056768