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THE CONSTITUTIONALITY OF WIPO'S BROADCASTING TREATY: THE ORIGINALITY AND LIMITED TIMES REQUIREMENTS OF THE COPYRIGHT CLAUSE
  2006 Duke L. & Tech. Rev. 0016
International
9/25/2006
Because the proposed WIPO Broadcasting Treaty extends perpetual copyright-like protections to unoriginal information, its implementation would violate at least two fundamental limitations on Congress's Copyright Clause power: the originality and “limited times” requirements. But Congress has a trump card—the Commerce Clause. This iBrief argues that to give proper effect to the limitations of the Copyright Clause, Congress should not be allowed to implement copyright-like legislation under the less restrictive Commerce Clause.


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Date Posted
PROTECTING INTELLECTUAL PROPERTY IN THE DEVELOPING WORLD: NEXT STOP--THAILAND3/27/2006
MINING THE COMMON HERITAGE OF OUR DNA: LESSONS LEARNED FROM GROTIUS AND PARDO3/8/2006
CHINA'S WAPI POLICY: SECURITY MEASURE OR TRADE PROTECTIONISM?6/15/2005
THE SPS AGREEMENT: CAN IT REGULATE TRADE IN NANOTECHNOLOGY?5/16/2005
THE EUROPEAN UNION 'SOFTWARE PATENTS' DIRECTIVE: WHAT IS IT? WHY IS IT? WHERE ARE WE NOW?5/1/2005
THE TRADE OF CROSS-BORDER GAMBLING AND BETTING: THE WTO DISPUTE BETWEEN ANTIGUA AND THE UNITED STATES11/5/2004
A MANIFESTO ON WIPO AND THE FUTURE OF INTELLECTUAL PROPERTY9/8/2004
EUROPE: OPEN MARKET… OPEN SOURCE?11/3/2003
FROM NAPSTER TO KAZAA: THE BATTLE OVER PEER-TO-PEER FILESHARING GOES INTERNATIONAL3/28/2003
ICANN – NOW AND THEN: ICANN'S REFORM AND ITS PROBLEMS4/11/2003
THE FUTURE OF WIRELESS SPAM10/28/2002
MICROSOFT AND THE EUROPEAN UNION FACE OFF OVER INTERNET PRIVACY CONCERNS8/21/2002
U.S. EXPORT CONTROLS ON TECHNOLOGY TRANSFERS8/29/2001
INTERNATIONAL LIABILITY IN CYBERSPACE7/5/2001
OFFSHORE OFFERINGS BY FOREIGN ENTITIES: HOW FAR WILL THE SEC REACH TO REGULATE?2/28/2001
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