Life After Google V. Oracle: Three Reflections On A Theme,
2022
Penn State Dickinson Law
Life After Google V. Oracle: Three Reflections On A Theme, Daryl Lim
IP Theory
In 2004, Professor Leaffer published an article titled Life after Eldred: The Supreme Court and the Future of Copyright. He wrote about three cases decided in or after 2001 to provide a snapshot of the Supreme Court’s position on copyright issues. This Article discusses three reflections on this theme. The first reflection flows directly from Google. It discusses fair use in Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, as well as text and data mining for artificial intelligence uses. This Article then reflects on Arnstein v. Porter’s lessons for modern copyright infringement law. Finally, it reflects on the …
Brief Of Patent Law Professors As Amici Curiae In Support Of Petitioners,
2022
Cleveland-Marshall College of Law, Cleveland State University
Brief Of Patent Law Professors As Amici Curiae In Support Of Petitioners, Christa J. Laser
Law Faculty Briefs and Court Documents
This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.
How Muralists, Street Artists, And Graffiti Writers Can Protect Their Artworks,
2022
University of St. Thomas, Minnesota
How Muralists, Street Artists, And Graffiti Writers Can Protect Their Artworks, Enrico Bonadio
University of St. Thomas Law Journal
No abstract provided.
Intellectual Property Liberation: An Essay,
2022
University of St. Thomas, Minnesota
Intellectual Property Liberation: An Essay, Kali Murray
University of St. Thomas Law Journal
No abstract provided.
Two Essays On Intellectual Property And Social Justice,
2022
University of St. Thomas School of Law
Two Essays On Intellectual Property And Social Justice, Thomas C. Berg
University of St. Thomas Law Journal
No abstract provided.
Street And Graffiti Art Between Augmented Reality And Artificial Intelligence: A Copyright Perspective,
2022
University of St. Thomas, Minnesota
Street And Graffiti Art Between Augmented Reality And Artificial Intelligence: A Copyright Perspective, Enrico Bonadio, Siri-Helen Egeland
University of St. Thomas Law Journal
No abstract provided.
Reconciling Copyright "Restoration" For Pre-1972 Foreign Sound Recordings With The Classics Protection And Access Act,
2022
Santa Clara University School of Law
Reconciling Copyright "Restoration" For Pre-1972 Foreign Sound Recordings With The Classics Protection And Access Act, Tyler T. Ochoa
IP Theory
When Congress first added sound recordings to the Copyright Act, it acted prospectively only: sound recordings fixed on or after February 15, 1972, received federal statutory copyright protection, while sound recordings fixed before February 15, 1972, were left to the vagaries of state law. This historic inequity was corrected in 2018 with enactment of the Classics Protection and Access Act (CPA), which provides sui generis protection to pre-1972 sound recordings that is similar, but not identical, to federal copyright protection. But there is a subset of pre-1972 sound recordings that already had federal copyright protection before the CPA was enacted: …
Nonpatentability Of Business Methods: Legal And Economic Analysis,
2022
University of California Berkeley School of Law
Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael J. Meurer
Faculty Scholarship
In this brief filed in Bilski vs. Kappos, pending before the U.S. Supreme Court, we argue that the "useful Arts" limitation of the the Intellectual Property Clause of the U.S.Constitution restricts the scope of Congress's patent power to technological advances. Beyond this constitutional limitation, Congress has not extended patent protection to business methods. The subject matter provision of the 1952 Patent Act merely codified existing subject matter categories and limitations, including the exclusion of business methods. The First Inventor Defense Act of 1999 did not alter this limitation on patentable subject matter. It did not amend the subject matter provision. …
Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing,
2022
North-West University (South Africa)
Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter
Joint PIJIP/TLS Research Paper Series
This article identifies copyright impediments existing in the sphere of science, to then make (tentative) suggestions as to how these may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, specifically asking whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of …
Countering Personalized Speech,
2022
Northwestern Pritzker School of Law
Countering Personalized Speech, Leon G. Ho
Northwestern Journal of Technology and Intellectual Property
Social media platforms use personalization algorithms to make content curation decisions for each end user. These personalized recommendation decisions are essentially speech conveying a platform's predictions on content relevance for each end user. Yet, they are causing some of the worst problems on the internet. First, they facilitate the precipitous spread of mis- and disinformation by exploiting the very same biases and insecurities that drive end user engagement with such content. Second, they exacerbate social media addiction and related mental health harms by leveraging users' affective needs to drive engagement to greater and greater heights. Lastly, they erode end user …
The Emerging Digital Infrastructure For Research In The Humanities,
2022
Independent Scholar and Former Senior Program Officer of The Andrew W. Mellon Foundation
The Emerging Digital Infrastructure For Research In The Humanities, Donald J. Waters
Copyright, Fair Use, Scholarly Communication, etc.
This article advances the thesis that three decades of investments by national and international funders, combined with those of scholars, technologists, librarians, archivists, and their institutions, have resulted in a digital infrastructure in the humanities that is now capable of supporting end-to-end research workflows. The article refers to key developments in the epigraphy and paleography of the premodern period. It draws primarily on work in classical studies but also highlights related work in the adjacent disciplines of Egyptology, ancient Near East studies, and medieval studies. The argument makes a case that much has been achieved but it does not declare …
The Global Publishing Industry In 2021,
2022
University of Nebraska - Lincoln
The Global Publishing Industry In 2021, World Intellectual Property Organization
Copyright, Fair Use, Scholarly Communication, etc.
Mixed forces shaped global publishing activity in 2021. The spread of different COVID-19 variants throughout the world still caused hardship and widespread social distancing. At the same time, the rollout of vaccines helped to contain the pandemic’s impact and enabled a recovery of the global economy, which grew by around 6 percent in 2021. The preliminary release of data from WIPO’s global survey of publishing activity shows that recovery extended to the publishing industry. Still, industry performance varies by country, reflecting the nature of book markets and other local economic forces.
The highest number of books published and deposited in …
Research Exceptions In Comparative Copyright,
2022
American University Washington College of Law
Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo
Joint PIJIP/TLS Research Paper Series
This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial) text and data mining (TDM) research. We show that nearly every copyright law has at least one exception that promotes uses for research purposes. We find six different approaches to the provision of research exceptions that implicate application to TDM. Notably, …
Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property,
2022
Washington & Lee University School of Law
Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield
Indiana Law Journal
Markets for unique digital property—digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity—have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.
NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is that, unlike …
Data Types, Data Doubts & Data Trusts,
2022
Indiana University Maurer School of Law
Data Types, Data Doubts & Data Trusts, João Marinotti
Articles by Maurer Faculty
Data is not monolithic. Nonetheless, the word is frequently used indiscriminately—in reference to a number of distinct concepts. It may refer to information writ large, or specifically to personally identifiable information, discrete digital files, trade secrets, and even to sets of AI-generated content. Yet each of these types of “data” requires different governance regimes in commerce, in life, and in law. Despite this diversity, the singular concept of data trusts is promulgated as a solution to our collective data governance problems. Data trusts—meant to cover all of these types of data—are said to promote personal privacy, increase corporate transparency, facilitate …
Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens,
2022
Washington and Lee University School of Law
Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri
Washington and Lee Journal of Civil Rights and Social Justice
This Note examines copyright formalities through a race conscious lens and concludes that further change is necessary given the legacy of economic inequality that communities of color experience. It examines the history of copyright formalities in the United States and the disenfranchisement of Black musical creators through the theft of their intellectual property. In exploring the relationship between race, wealth, and musical copyright protection this Note explains why considering the economic inequality is relevant to ensure copyright protection for Black creators. This Note proposes abolishing the registration timeline for certain remedies and altering the filing fee structure of the copyright …
The Ascension Of Indigenous Cultural Property Law,
2022
UCLA School of Law; Native Nations Law and Policy Center
The Ascension Of Indigenous Cultural Property Law, Angela R. Riley
Michigan Law Review
Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …
Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement,
2022
Saint Louis University School of Law
Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement, Brian Ahle
SLU Law Journal Online
Just prior to the 2022 College Football Season, Louisiana State University Quarterback Myles Brennan decided to abruptly retire from football. Despite the unexpected finish to his career, Brennan is still going to likely retain all of the money he received in endorsements that were paid through the newly approved “NIL” deals available to collegiate athletes, as a result of a stipulation that these deals cannot be “performance-based”. In this article, Brian Ahle evaluates the potential ways in which endorsers may be able to protect their investments, while still complying with the NIL Policies that provide protections towards the athletes.
Creativity Without Ip? Vindication And Challenges In The Video Game Industry,
2022
University of Wisconsin Law School
Creativity Without Ip? Vindication And Challenges In The Video Game Industry, Bj Ard
Washington and Lee Law Review
This Article intervenes in the longstanding debate over whether creative production is possible without exhaustive copyright protection. Intellectual property (IP) scholars have identified “negative spaces” like comedy and tattoo art where creativity thrives without IP, but critics dismiss these examples as niche. The video game industry allows for fresh headway. It is now the largest sector in entertainment—with revenues greater than Hollywood, streaming, and music combined—yet IP does not protect key game elements from duplication. Participants navigate this absence using non-IP strategies like those identified in negative-space industries: AAA developers invest in copy-resistant features while indie game developers rely on …
An Introduction To "Marshall Law",
2022
Maurer School of Law: Indiana University
An Introduction To "Marshall Law", Ip Theory Volume 12 Editorial Board
IP Theory
No abstract provided.