Law Commons^™

No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke

University of Miami Law Review

Street art and graffiti are pervasive artforms found throughout the world and throughout history. While the artforms have been associated with crime and vandalism in the past, they have increasingly been featured in different capacities from art galleries to corporate marketing campaigns. With street art’s growing recognition and popularity, corporations have begun to use the medium to target new customer bases. In some situations, the use of artwork in marketing campaigns is unsanctioned by the artist. Therefore, courts have now begun to examine the balance between copyright protection for street artists and the corporate use of street art. Section 120(a) …

The Unbargained-For-Exchange In Copyright, Justin Ponds

Mississippi College Law Review

Copyright law in the United States is more than the letter "C" in a circle. The visual impression of someone clutching a book prevails in many minds. The use of the phrase "it's copyrighted" has become common. Many people consider a "copyright" to be "property." The true story of copyright law is so steeped in history - a great deal from England - that it makes even Betty White seem middle aged. This Article examines some of that history and compares mistaken connotations about "property" within the realm of contract law - a better association.

Leveling Up Fair Use: The Ultimate Cheat Code For Video Game Modders In The Wake Of Google V. Oracle, Parker G. Furman

Journal of Intellectual Property Law

Video game modifications, or "mods," made by third parties or fans of a video game, have reached the limelight of mainstream video game popularity. The internet has become a space for mod makers to share their creations with any user, without the need for physical modifications to a game cartridge or circuit board. Instead, mod software allows a player to install mods with ease and is extremely accessible, yet under the law, the legal status of video game mods remains uncertain. Video game mods are seen as infringing the copyright of the original game. This Note examines the application of …

Public Domain And Access To Knowledge, Faith O. Majekolagbe

Journal of Intellectual Property Law

In a world where truth is behind paywalls and lies are free, the importance of a realm of works that are free from copyright protection becomes even more important for access to knowledge and information. This Article considers a thriving and accessible public domain a key mechanism for engendering access to knowledge and propelling human development globally. The copyright public domain as a realm of freely accessible and usable works and elements of works is under immense threat due to the constant extension of the term of copyright protection, disparities in the scope of the public domain globally, the absence …

Copyright's Public Reliance Interests, Bo S. L. Kim

Washington Law Review

Courts are increasingly invoking copyright law’s “scenes a faire” doctrine, which precludes infringement liability for copying typical or standard elements in a copyrighted work. But judges and commentators only cursorily discuss why certain elements constitute scenes a faire. Alternatively, they characterize the doctrine as merely an extension of other copyrightability doctrines. The result is doctrinal inconsistency in how scenes a faire applies and theoretical disagreement about why the doctrine exists.

This Article advances a “public reliance interests” theory of scenes a faire that provides descriptive clarity to the doctrine and highlights its underexplored importance to copyright law writ large. Drawing …

Robots As Pirates, Henry H. Perritt Jr.

Catholic University Law Review

Generative AI has created much excitement over its potential to create new works of authorship in the literary and graphical realms. Its underling machine-learning technology works by analyzing the relations among elements of preexisting material in enormous databases assembled from publicly available and licensed sources. Its algorithms “learn” to predict “what comes next” in different types of expression. A complete system thus can become glib in creating new factual summaries, essays, fictional stories and images.

A number of authors of the raw material used by Generative AI engines claim that the machine learning process infringes their copyrights. Careful evaluation of …

Tools Do Not Create: Human Authorship In The Use Of Generative Artificial Intelligence, Michael D. Murray

Journal of Law, Technology, & the Internet

Artistic tools, from brushes to complex algorithms, don’t create art; human artists do. The advent of generative AI tools like Midjourney, DALL-E, and Stable Diffusion has blurred this understanding, causing observers to believe these tools are the authors of the artworks they produce, even so far as to imagine that the artworks are “created” by the AI in the copyright sense of the word. Not so.

The U.S. Copyright Office recently issued guidance on the copyrightability of works produced using generative AI tools. The Office has accepted the narrative that AI tools perform the steps of authorship, conceiving of the …

Pocket Castles And Custom Skin: Championing Transparency In The Monetization Of User-Generated Content In Video Games, Jakob Stokes

Cybaris®

No abstract provided.

Legislative Report: Protecting Lawful Streaming Act Of 2020, Melissa Rezzag

Cybaris®

No abstract provided.

Virtually Identical: A Case For Maintaining Architectural Copyright Protections In The Metaverse, Stephen Mcpaul

Cybaris®

No abstract provided.

Applying Current Copyright Law To Artificial Intelligence Image Generators In The Context Of Anderson V. Stability Ai, Ltd., Matthew Lindberg

Cybaris®

No abstract provided.

Ai-Ip? Copyright In An Age Of Internet Propaganda With Artificial Intelligence, Sonya Saepoff

Cybaris®

No abstract provided.

The Generative Ai Pirate? The Intersection Of Copyrights And Generative Ai In Literary Works, Brianne M. Culliton

Cybaris®

No abstract provided.

From Andy Warhol To Barbie: Copyright’S Fair Use Doctrine After Andy Warhol Foundation V. Goldsmith, Niki Kuckes

Roger Williams University Law Review

No abstract provided.

The Future Of Art And Copyright In The World Of Ai, Danna Subia Espinoza

Catholic University Journal of Law and Technology

This paper focuses on the interpretive framework embodied in copyright law and its application to art-producing technologies, how this framework has been applied to new technologies in the past, and the issues surrounding the adaption of these old frameworks to the modern concern of AI-created art. The paper also considers how the application of copyright law to modern AI issues reflects the law’s capability, or inability, to evolve and address novel situations, specifically in relation to AI-based technology. Further, it examines what, if any, steps should be taken to promote courts maintaining a firm grip on copyright protections. The issues …