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Masthead, 2023 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Ea Sports: It’S In The Federal Legislation, Gia Silahian 2023 University of California, Hastings College of the Law

Ea Sports: It’S In The Federal Legislation, Gia Silahian

Hastings Communications and Entertainment Law Journal

No abstract provided.


Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray 2023 University of California, Hastings College of the Law

Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray

Hastings Communications and Entertainment Law Journal

No abstract provided.


Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen 2023 University of California, Hastings College of the Law

Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen

Hastings Communications and Entertainment Law Journal

For decades, songwriters have been short changed in their music royalties and copyright splits. This Note explores the historical inequity between songwriters and their counterparts—labels and recording artists—in royalty receipts, and potential methods by which this wrong may be righted in the next iteration of the internet, Web 3.0. Battles of the past can serve as a frame of reference in evaluating how songwriters will be compensated in Web 3.0. Tech companies cannot have a free pass to disregard licensing laws in the name of fast profits. This Note analyzes how music will be consumed and profited off of in …


Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi 2023 University of California, Hastings College of the Law

Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi

Hastings Communications and Entertainment Law Journal

Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …


Yu V. Apple – The Abstract Idea Conundrum: It’S Time To Either Adopt The Dictionary Definitions Or Abandon The Unworkable Abstract Idea Doctrine, 56 Uic L. Rev. 301 (2023), Raguraman Kumaresan 2023 UIC School of Law

Yu V. Apple – The Abstract Idea Conundrum: It’S Time To Either Adopt The Dictionary Definitions Or Abandon The Unworkable Abstract Idea Doctrine, 56 Uic L. Rev. 301 (2023), Raguraman Kumaresan

UIC Law Review

No abstract provided.


A Qualitative Method For Investigating Design, Jessica Silbey, Mark P. McKenna 2023 Boston University School of Law

A Qualitative Method For Investigating Design, Jessica Silbey, Mark P. Mckenna

Faculty Scholarship

This chapter describes our qualitative study of designers and design practice. It situates the study in the broader field of empirical studies of intellectual property, and it describes in detail the methodology and benefits of a qualitative interview study of designers and design practice to shed light on some of the persistent puzzles in design law. The chapter focuses on four lines of inquiry: defining “design” and “design practice” from within the profession; exploring the various inputs to design practice and the process of “problem solving” designers pursue; understanding what “integrated” form and function mean to designers; and explaining the …


Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office of Science and Technology Policy 2022 University of Nebraska - Lincoln

Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Includes a list of frequently asked questions and answers for the 2022 White House Office of Science and Technology Policy (OSTP) Public Access Policy guidance, including answering questions such as "What is meant by public access to federally funded research?" and "What impact will the policy guidance have on specific business models for scholarly publishing?"


Case Summary: Dr. Seuss Enterprises V. Comicmix Llc: Ninth Circuit Affirms Copyright Fair Use And Trademark Infringement Precedents, 2022 Golden Gate University School of Law

Case Summary: Dr. Seuss Enterprises V. Comicmix Llc: Ninth Circuit Affirms Copyright Fair Use And Trademark Infringement Precedents

Golden Gate University Law Review

More than twenty years ago, in Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., the Ninth Circuit favored Seuss, concluding that The Cat NOT in the Hat!, a self-described “parody” of The Cat in the Hat, did not represent “fair use” of the children’s book under the Copyright Act. In 2019, Seuss entered litigation with ComicMix, the creator of Oh, the Places You’ll Boldly Go!

(“Boldly”), another self-proclaimed parody of the Dr. Seuss classic Oh, the Places You’ll Go! (“Go!”). The case presented a set of facts strikingly similar to those in …


Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser 2022 Cleveland State University College of Law

Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser

The Global Business Law Review

Protecting intellectual property relating to marijuana is a complicated endeavor. The federal ban on marijuana renders trademark protection difficult at best, and patent protection, while available, still rife with complications. In Europe, the laws pose similar challenges in the protection and enforcement of marijuana related intellectual property. This Note presents a comparative law analysis of the various ways marijuana related intellectual property may be protected in the United States and Europe. Different types of intellectual property protection explored include utility patents, design patents, trademarks, plant patents, Plant Variety Protection Act coverage, and Community Plant Variety Act coverage. This Note explores …


From Patients To Patents: The Disappearing I Of Innovation, Maggi Robert 2022 St. Mary's University

From Patients To Patents: The Disappearing I Of Innovation, Maggi Robert

St. Mary's Law Journal

The creation of the Mayo/Alice two-step test for patent eligible subject matter flipped the patent world upside down. Following its establishment, invalidation rates soared—particularly in the healthcare sector—impacting patients everywhere. The importance of patents in healthcare innovation and innovation generally has been emphasized as the consequences of this framework are realized.

The United States is no longer seen as a clear leader in innovation, and as a result, the economy is at risk. Start-ups and investors have turned to foreign nations where return on their investments in innovation are protected. This level of uncertainty regarding patents has never been seen …


How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster 2022 California State University, Monterey Bay

How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster

Capstone Projects and Master's Theses

This paper will explain how sample clearance has impacted hip-hop music-making. It will explain what a sample is and show the historical significance of sampling in hip-hop. I will briefly discuss the basics of copyright and the process of clearing a sample. This paper will also look into legal cases of copyright infringement to show the impact of specific cases and analyze data to determine if the amount of sample clearance has changed because of the decisions of the courts. The main goal of this paper is to highlight the significance of sampling in hip-hop, the inherent challenges of legally …


An Empirical Study Of Copyright’S Substantial Similarity Test, Clark D. Asay 2022 University of California, Irvine School of Law

An Empirical Study Of Copyright’S Substantial Similarity Test, Clark D. Asay

UC Irvine Law Review

The substantial similarity test is copyright law’s dominant means by which courts determine whether a party has infringed another party’s copyright rights. Despite this, we have very little empirical evidence about what the test is and how courts apply it. To date, only a few empirical studies exist, and these are limited in several important ways, including with regards to scope, time periods covered, and volume of opinions. Mostly, courts, commentators, and scholars rely on anecdotal accounts of the test in both their conceptualizations and critiques of it.

To help provide a clearer empirical assessment of the test, this study …


Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits van der Graaf 2022 Datactivist

Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits Van Der Graaf

Copyright, Fair Use, Scholarly Communication, etc.

French Résultats principaux

Coûts 2020

  • Dépenses d'abonnement aux périodiques électroniques en 2020: 87,5 M€
  • Coûts des APC en 2020: 30,1 M€

Coûts prédits sous l'hypothèse d'une évolution à l'identique des tendances observées:

  • Dépenses d'abonnement aux périodiques électroniques en 2030: 97,5 M€
  • Coûts des APC en 2030: 50,6 M€

Coûts prédits dans un scenario d'accélération vers le gold OA:

  • Coûts des APC en 2030: 68,7 M€

Coûts prédits dans un scenario de hausse du libre accès green et transition du libre accès hybride vers gold:

  • Coûts des APC en 2030: 38,5 M€

Coûts prédits pour 90% d'articles d'auteurs correspondants affiliés en …


Rethinking Equitable Estoppel In Patent Law, Joshua J. Lustig 2022 Northwestern Pritzker School of Law

Rethinking Equitable Estoppel In Patent Law, Joshua J. Lustig

Northwestern Journal of Technology and Intellectual Property

In almost every context, the Federal Circuit has used estoppel doctrines to provide protection to parties from some sort of injustice. Yet recently, with equitable estoppel, the Federal Circuit has decided to infuse concepts of Article III justiciability to justify limiting the doctrine as only applicable to issued patents. In doing so, the Federal Circuit has ignored the long history behind equitable estoppel in favor of a rule that is improperly rationalized by the Constitution. This note argues that Federal Circuit's recent equitable estoppel jurisprudence is inconsistent with equity's goal of fairness and presents a new theory of equitable estoppel …


Copyright And Federalism: Why State Waiver Of Sovereign Immunity Is The Best Remedy For State Copyright Infringement, Leroy J. Ellis V 2022 Northwestern Pritzker School of Law

Copyright And Federalism: Why State Waiver Of Sovereign Immunity Is The Best Remedy For State Copyright Infringement, Leroy J. Ellis V

Northwestern Journal of Technology and Intellectual Property

When a photographer intentionally takes a picture of a subject, or a writer puts a story to paper, the resulting works are protected by copyright. That protection is bolstered after the authors register their works with the Copyright Office. All private parties, from individuals to corporations, can be sued for infringing on the work should they use it without pay or permission.

However, what happens when the infringer is not a private party? What happens when the state or a state entity is the infringer? What happens when a public university decides to use a copyright owner’s work without pay …


Centering Black Women In Patent History, Jessica Silbey 2022 Boston University School of Law

Centering Black Women In Patent History, Jessica Silbey

Faculty Scholarship

Professor Kara Swanson’s latest article is a remarkable example of legal historical scholarship that excavates stories from the past to illuminate the present. It is chock full of archival evidence and historical analysis that explains gaps and silences in the United States patent registry as evidence of marginalized inventors–particularly Black women–who should be named inventors but are not.

The article is arresting reading for anyone interested in antebellum history, intellectual property, and the intersection of racism and sexism in law. Mostly, I am grateful to Professor Swanson for doing the obviously very hard work of digging through archives, reading microfiche, …


Marshalling Copyright Knowledge To Understand Four Decades Of Berne, Peter K. Yu 2022 Texas A&M University School of Law

Marshalling Copyright Knowledge To Understand Four Decades Of Berne, Peter K. Yu

IP Theory

In the year 1978, the 1976 Copyright Act had just entered into effect. Marshall Leaffer, whom this article will affectionately refer to by his first name, had just completed his duties as an attorney advisor at the U.S. Copyright Office. On his way to academia, he, like the fictional character Captain William “Buck” Rogers, was to experience cosmic forces beyond all comprehension. In a freak mishap, his car veered off a rarely used mountain road and was frozen by temperatures beyond imagination. He did not return to academia until more than forty years later. What will he discover upon his …


Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office of Science and Technology Policy 2022 University of Nebraska - Lincoln

Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Included:

● Public access background and context

● Summary of the 2022 OSTP Memorandum

● Clarification about the scope of the 2022 OSTP Memorandum

● Timeline for agency adoption of the 2022 OSTP Memorandum

● Agency perspectives: National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), and Institute of Museum and Library Services (IMLS)

● Questions and answers


The Status Of Reproduction Rights Organisations (Rros) In Africa, Desmond Oriakhogba, Dick Kawooya 2022 University of Venda

The Status Of Reproduction Rights Organisations (Rros) In Africa, Desmond Oriakhogba, Dick Kawooya

Joint PIJIP/TLS Research Paper Series

This report is based on desk research conducted from June 2021 to May 2022 by way of a survey of publicly available information on Reproduction Rights Organisations (RROs) in all 55 African Union (AU) member states. It is the first of a two-part study. The second part of the study will be conducted as empirical research where data will be obtained from relevant stakeholders in the collective management systems of African countries to address key issues flagged in this report as requiring further evidence.

This report examines the current status of RROs in Africa to help inform policy and legislative …


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