Intellectual Property Law Commons^™

From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi

Brooklyn Journal of International Law

Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …

Copyright’S Deprivations, Anne-Marie Carstens

Washington Law Review

This Article challenges the constitutionality of a copyright infringement remedy provided in federal copyright law: courts can order the destruction or other permanent deprivation of personal property based on its mere capacity to serve as a vehicle for infringement. This deprivation remedy requires no showing of actual nexus to the litigated infringement, no finding of willfulness, and no showing that the property’s infringing uses comprise the significant or predominant uses. These striking deficits stem from a historical fiction that viewed a tool of infringement, such as a printing plate, as the functional equivalent of an infringing copy itself. Today, though, …

Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez

Brooklyn Journal of International Law

Social media is a pervasive and ever-present aspect of many peoples’ lives. Its use permeates nearly every aspect of our existence – there truly is an app for everything. Most notably, social media operates internationally both in scope and usage allowing for the creation of an astounding global society that shares cultures and perspectives in a way unprecedented in human history. Never before have societies been as interconnected as they are now. Unfortunately, such interconnectedness comes with the issue of globalizing enforcement of copyright laws. Infringement runs rampant online and forces creators to struggle against a seemingly faceless foe in …

Like And Subscribe: The Fight For Student Athletes’ Nil Rights, Jovanny Nava

SLU Law Journal Online

Recent developments in state law concerning student athlete’s ability to monetize their name, image, and likeness, as well as the Supreme Court’s recent ruling striking down similar restrictions, does not bode well for the NCAA’s remaining policies. In this article, Jovanny Nava explores the implications of these developments.

Blockchain Copyright Exchange – A Prototype, Jiarui Liu

Buffalo Law Review

The copyright market for creative works such as music and movies traditionally involves a complex web of licensing transactions and exorbitant transaction costs. Out of every dollar that consumers pay, an artist who writes, performs, and produces her own work may receive less than fifteen cents while the rest are diverted to cover the costs of financing new production, marketing new works, and distributing royalties. Although artists are typically scheduled to receive royalties on a quarterly basis, a payment may lag as far as two years after users paid. Furthermore, if a collecting society is unable to identify the rightful …

Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad

Dickinson Law Review (2017-Present)

One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …

Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson

Washington Law Review

TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …

Monopolizing Sports Data, Marc Edelman, John T. Holden

William & Mary Law Review

With legal sports betting viewed as a panacea for state budget woes across the United States, the underlying data that fuels the sports betting industry has emerged as an especially valuable asset. In the hopes of capitalizing on state laws that have now legalized sports betting, United States professional sports leagues have attempted to gain exclusive ownership rights over valuable sports betting data by asking legislators to mandate that bookmakers exclusively use data sold through the league. In addition, some sports leagues have imposed policies mandating that teams bundle together their collected data for purposes of selling it exclusively through …

A Half-Built House: The Substantial Similarity Analysis Split In Architectural Copyright Infringement Cases, Madison V. Smiley

Brooklyn Law Review

The path to extending copyright protection to architectural works in the United States has not come without its challenges, especially as the federal courts continue to muddle through complicated and varying case law to determine whether architectural works infringement has occurred in a given dispute. Applying a uniform approach to analyze substantial similarity in a way that effectively protects architectural works across the federal circuits is necessary to fulfill the legislative intent and the constitutional intent of copyright protection. Likewise, a uniform approach will clarify the level of copyright protection that architectural works are permitted to receive in the United …

"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail

Villanova Law Review

No abstract provided.

Songwriters V. Spotify: Is Spotify The Problem Or A Symptom Of The Problem?, Mariana L. Orbay

Pepperdine Law Review

Today, streaming is the prevailing mode of music consumption. Yet, streaming services are struggling to turn a profit, as songwriters also face significant financial challenges in the streaming era. All the while, record labels are collecting the majority of streaming revenue and seeing record profits. The 2018 Music Modernization Act attempted to address songwriters’ and streaming services’ financial problems by altering the factors considered by the Copyright Royalty Board in determining the mechanical royalty rates owed by streaming platforms to songwriters. A proper application of this newly instated factor test necessitates considering both songwriters’ and streaming services’ business operations and …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

UC Law SF Communications and Entertainment Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually explicit speech …

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

UC Law SF Communications and Entertainment Journal

No abstract provided.

A “Journey” Through Band Agreements, Jordan M. Whitford

UC Law SF Communications and Entertainment Journal

No abstract provided.

Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum

Loyola of Los Angeles Law Review

No abstract provided.

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

Faculty Scholarship

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …

Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean

Michigan Technology Law Review

Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system.

This Article argues that, in fact, the literary genre of science fiction …

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Nflpo: The Nfl's Private Patent Office, Paul Fina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng

Pepperdine Law Review

In 2013 and 2015, the Ninth Circuit decided two nearly identical cases in which professional football players alleged a video game publisher used their likenesses without authorization in a game that simulates real football games. One plaintiff brought a false endorsement claim under the Lanham Act, while others brought state law right of publicity claims. That made all the difference. The Ninth Circuit found the First Amendment protected the game against the false endorsement claim, but not against the right of publicity claims. These contradictory results stem from court’s application of the Rogers v. Grimaldi test to Lanham Act claims …

Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes

Washington Journal of Law, Technology & Arts

Loot boxes are items in video games that contain randomized prizes that players can purchase with real-world money. In recent years, loot boxes have come under scrutiny because the relationship between behavior and the underlying mechanics of loot boxes are similar to that of addictive behaviors associated with real-world gambling. Many papers suggest solutions focused on industry changes without direct regulation. However, these papers neglect the enormous profit incentive to maintain a business practice which can have detrimental behavioral effects on children. The United States federal government must take example from a growing number of European countries and ban the …

Table Of Contents, Ashley Stoll

Washington Journal of Law, Technology & Arts

No abstract provided.

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.

Indoor Rock Climbing: The Nuts And Bolts Of Routesetting Copyright Protection Post-Star Athletica, Julie Tamerler

Jeffrey S. Moorad Sports Law Journal

No abstract provided.