Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

Record Details:

Title:
Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995
Date:
1996
Publisher:
Washington : U.S. G.P.O. : For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office
Volume:
Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995
Leaf #:
000411
Language:
English
Subjects:
Copyright -- United States, Copyright -- Motion pictures United States","Motion pictures -- Labeling United States","Motion pictures -- Conservation and restoration United States
Collection:
Government & Law and Books
Format:
Books
Contributor:
Boston Public Library
Sponsor:
Kahle/Austin Foundation and Omidyar Network
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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403 ■atter of all kinds. "* These Issues are poorly understood even aaong experts, however, and there is always the risk that courts •ay backslide, especially in cases where they perceive eleaents of gross misappropriation not otherwise actionable in unfair competition law."* In other words, efforts to avoid overprotecting borderline subject matter in copyright law, such as computer programs and commercial designs, readily give way over time to countervailing decisions that offset the resulting state of underprotection with a renewed risk of overprotection. History shows, indeed, that emy protracted inability to deal with a market failure affecting borderline subject matter that eludes the classical patent and copyright paradigms tends routinely to trigger recurring cycles of over-emd underprotection."^ In this context, the difficulties encountered in formulating a proper regulatory framework for computer progrzuns and "^ See, e.g.. Realist^s Approach, supra note 91, at 97076; Pamela Samuelson, Computer Programs. User Interfaces, and Section 102 fb^ of the Copyright Act of 1976; A Critigue of Lotus v. Paperback. 55 Law and Contekp. Probs. 311 (1992); J.H. Reichman, ElggtrgnJg Inggnnatjgn T9<?ig> supra note 6A, at 455-61. See also Jessica Litman, Copyright and Information Policy. 55 Iah add OoHTEMP. Probs. 185 (1992). "* See, e.g.. Whelan Assocs. v. Jaslow Dental Laba. . Inc., 797 F. 2d 1222 (3d Cir. 1986) (broad copyright protection for elements of structure, sequence, and orgamization in coa^uter programs), cert, denied. 479 U.S. 1031 (1987); see also Designs and New Technologies, supra note 26, at 81-123 (criticizing use of LanheuB Act $43 (a) to protect unpatenteUdle, noncopyrightable industrial designs) . *" See, e.g.. J.H. Reichman, Design Protection and the Legislative Agenda. 55 Lam and Contekp. Piujbs. 281, 287-90 (1992) (case of industrial designs); Legal Hybrids, supra note 4, at 2504-2519.