Protecting an idea is often a difficult process. Some ideas and inventions cannot be protected, while others are eligible for only narrow or partial immunity from potential competition and imitation. Obtaining even minimal protection can often be expensive, time consuming, and ultimately result in uncertain or even negative benefits to the…

This background paper reviews copyright, patent, and trade secret protections as these issues are related to computer software. Topics discussed include current issues regarding legal protection for computer software including the necessity for defining intellectual property, determining what should or should not be protected, commerical piracy,…

Discusses issues relating to intellectual property rights that are being affected by information technologies. A 1986 study by the Office of Technology Assessment (OTA) is discussed; intellectual property law is described, including copyright, patents, and trade secrets; and the involvement of the university community in considering intellectual…

It is proposed that the patent law be revised to imitate the copyright law with regard to definition of subject matter for patent. This would accommodate new classes of subject matter not foreseen at the time of the law's passage, such as microorganisms. Available at 1303 San Jacinto, Houston, TX 77002; $5.83. (MSE)

This hearing was called to consider two bills that would amend the section of the United States Code relating to fair use, to clarify that such section applies to both published and unpublished copyrighted works. Recent judicial developments are reviewed which suggest that the fair use doctrine does not apply to the subsequent uses of unpublished…

Focusing on issues surrounding the unauthorized copying of software, this pamphlet is particularly concerned with the illegality of such action and the necessity for educators to respect the intellectual work and property of others. Some relevant facts about unauthorized copying of software are followed by a statement of principle about…

Ownership issues in the results of research generally and of human tissue research specifically are explored. While acknowledging some uncertainty in the law, it is found that human tissue may be lawfully accessed for research and that use of human tissue does not modify the general allocation of interests. (MSE)

This hearing was held to discuss a proposal to restore a measure of equity and fairness to the copyright law. Under current law, authors whose works were created after January 1, 1978, receive a single term of copyright protection, extending for the life of the author, plus 50 years. But authors of pre-1978 works are only entitled to a 28-year…

These hearings on the Satellite Home Viewer Copyright Act (H.R. 2848) include: (1) the text of the bill; (2) prepared statements by expert witnesses (including executives of satellite companies, the Motion Picture Association of America, and cable television associations); (3) transcripts of witness testimonies; and (4) additional statements…

Whether words that are first spoken to an interviewer but end up as an edited transcript for the use of scholars and writers can receive copyright protection under the 1976 Federal Copyright Act is discussed. Ample precedent exists to determine that oral history is copyrightable. (MLW)

Ownership rights in a law review article, possibilities for contractual modification, and limitations on copyright ownership are examined. It is concluded that reviewer and writer should both register at the Copyright Office and place notice of copyright in the journal. (Journal availability: William S. Hein & Co., 1285 Main St., Buffalo, NY…

In February 1993, the Information Infrastructure Task Force (IITF) was formed to articulate and implement the Clinton Administration's vision for the National Information Infrastructure (NII). The Working Group on Intellectual Property Rights was established within the Information Policy Committee to examine the intellectual property implications…

Legal experts doubt that special contract clauses will be able to protect institutions in negligence cases. (MSE)

Exclusion of ideas from copyright protection is an antiquated and indefensible notion. Traditional infringement tests do not provide adequate incentive or protection to idea creators. Innovations such as limited duration monopoly or own/sell option are reasonable. (AVAIL: Albany Law School of Union University, 80 New Scotland Ave., Albany, NY…

Under trademark law a school automatically develops rights in the use of its name, athletic team, names and slogans, and seals and symbols, but federal registration is also available. Registration provides both national constructive notice of the claim of rights and incontestability of rights after five years of continuous use. (MSE)