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Youtube, K-Pop, And The Emergence Of Content Copycats, Sam Quach 2019 University of California, Hastings College of the Law

Youtube, K-Pop, And The Emergence Of Content Copycats, Sam Quach

Hastings Communications and Entertainment Law Journal

YouTube is the internet’s largest and most recognized video streaming platform; the website has millions of daily active users from all over the world and hosts billions of videos. With so much content being hosted on the website, YouTube has developed basic protocol when it comes to copyright issues, including a standardized system for dealing with copyright infringement. But with such a large audience and technology constantly growing and changing, YouTube is constantly faced with new problems. Among content on YouTube, Korean entertainment and pop music (commonly referred to as K-Pop) has quickly become one of the largest markets ...


Harvey Of Hollywood: The Face That Launched A Thousand Stories, Sara Khorasani 2019 University of California, Hastings College of the Law

Harvey Of Hollywood: The Face That Launched A Thousand Stories, Sara Khorasani

Hastings Communications and Entertainment Law Journal

In the fall of 2017, the world was shaken by allegations of sexual misconduct against one of Hollywood’s high-powered movie moguls. The Harvey Weinstein scandal exposed countless accounts of sexual harassment and abuse, along with the settlement agreements that had kept them covered for decades. Since then, social movements have helped knock Harvey off his Hollywood throne and shed light upon a major concern plaguing the entertainment industry. This paper seeks to address how to effectively change an industry that has long bred a systemic culture of sexual harassment and discrimination. Under the accepted norms of Hollywood, victims of ...


Tc Heartland: It’S Time To Take Stock, Daniel Kazhdan, Sanjiv P. Laud 2019 Jones Day

Tc Heartland: It’S Time To Take Stock, Daniel Kazhdan, Sanjiv P. Laud

IP Theory

It has been a little over a year and a half since the Supreme Court issued its groundbreaking venue decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, shaking up the status quo in U.S. patent infringement litigation. The first months after TC Heartland saw a flurry of activity as litigants and courts wrestled with the impact of the decision on pending cases, pondered the true meaning of a “regular and established place of business,” and explored many other questions left by the TC Heartland decision. Eighteen months and several writs of mandamus later, it is now ...


Design Patent Damages: A Critique Of The Government’S Proposed 4-Factor Test For Determining The “Article Of Manufacture”, Perry J. Saidman 2019 Saidman DesignLaw Group, LLC

Design Patent Damages: A Critique Of The Government’S Proposed 4-Factor Test For Determining The “Article Of Manufacture”, Perry J. Saidman

IP Theory

The Supreme Court in Samsung Electronics Co. v. Apple, Inc. wrestled with the question of determining the meaning of “article of manufacture” in 35 U.S.C. § 289 when it comes to calculating the total profit of the infringer that is awarded to the patentee.

In its Petition for Certiorari, Samsung raised the novel theory that the article of manufacture could be less than the entire product sold by the infringer. The Supreme Court agreed to hear the following issue, as framed in Samsung’s Petition:

Where a design patent is applied to only a component of a product, should ...


The Invention Secrecy Act: The Uspto As A Gatekeeper Of National Security, Scott Locke 2019 Dorf & Nelson LLP

The Invention Secrecy Act: The Uspto As A Gatekeeper Of National Security, Scott Locke

IP Theory

The United States Patent and Trademark Office (“USPTO”) has the privilege of reviewing hundreds of thousands of inventions each year before the public learns about them. Consequently, the USPTO is uniquely positioned as a funnel through which the Government can collect information about new technologies and determine which ones have implications for the safety and welfare of the nation. Under the Invention Secrecy Act, the Commissioner for Patents may order that an invention for which patent protection is sought be kept secret if disclosure of the invention might be detrimental to national security.

In order for the USPTO to review ...


Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow 2019 University of New Hampshire School of Law

Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow

Law Faculty Scholarship

[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."


Barbie In Bondage: What Orly Lobel’S Book “You Don’T Own Me: How Mattel V. Mga Entertainment Exposed Barbie’S Dark Side” Tells Us About The Commoditization Of The Female Body, Ann Bartow 2019 University of New Hampshire School of Law

Barbie In Bondage: What Orly Lobel’S Book “You Don’T Own Me: How Mattel V. Mga Entertainment Exposed Barbie’S Dark Side” Tells Us About The Commoditization Of The Female Body, Ann Bartow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Power Of Distant Rewards: Driving International Innovation Through United States Patent Incentives, Richard S. Gruner 2019 John Marshall Law School

The Power Of Distant Rewards: Driving International Innovation Through United States Patent Incentives, Richard S. Gruner

Fordham Intellectual Property, Media and Entertainment Law Journal

Technological innovation outside the United States is increasing. The United States remains the largest single source of new inventions, but the rest of the world produces most technological advances. Yet, even as innovation capacity outside the United States grows, the production of advances remains underincentivized in many developed and developing countries. Weak incentives apply to the outlier advances that are the province of patent laws. These outlier advances—typically reflecting material departures from prior technical knowledge and potentially establishing fundamentally new lines of technological development and consumer products—are particularly important components of technological development. By shortchanging incentives for outlier ...


Fair Trade-Mark: Proposing An Affirmative Duty On Licensors To Enforce Their Corporate Social Responsibility Codes, Dorothy L. Newman 2019 Fordham University School of Law

Fair Trade-Mark: Proposing An Affirmative Duty On Licensors To Enforce Their Corporate Social Responsibility Codes, Dorothy L. Newman

Fordham Intellectual Property, Media and Entertainment Law Journal

Modern consumers are increasingly interested in seeing the brands they love commit to corporate social responsibility (CSR), including fair labor practices and environmental sustainability throughout their supply chains. Many corporations capitalize on this demand through branding strategies that highlight their commitment to CSR. Branding of CSR can include publishing codes of conduct on corporate websites, incorporating a value of doing good while doing well in print and video advertisements, or even publicly partnering with nonprofit organizations. The Lanham Act, the primary federal trademark statute in the United States, articulates federal laws pertaining to branding and advertising, and is rooted in ...


Laundering The Art Market: A Proposal For Regulating Money Laundering Through Art In The United States, Alessandra Dagirmanjian 2019 Fordham University School of Law

Laundering The Art Market: A Proposal For Regulating Money Laundering Through Art In The United States, Alessandra Dagirmanjian

Fordham Intellectual Property, Media and Entertainment Law Journal

As high-net worth individuals have increasingly viewed art as a method of diversifying their portfolios, prices in the high-end global art market have exploded in the past several years. At the same time, investors have developed new methods for accessing art’s liquidity, such as art lending services and exchanges. While the changing character of art towards an asset class has opened the door to new investment opportunities, it has also left the art market particularly vulnerable to money laundering schemes. Existing characteristics of the art market, including a lack of uniform record-keeping standards among dealers and the speculative nature ...


Sovereign Immunity For Rent: How The Commodification Of Tribal Sovereign Immunity Reflects The Failures Of The U.S. Patent System, Katrina G. Geddes 2019 Harvard Law School

Sovereign Immunity For Rent: How The Commodification Of Tribal Sovereign Immunity Reflects The Failures Of The U.S. Patent System, Katrina G. Geddes

Fordham Intellectual Property, Media and Entertainment Law Journal

Last year, a Fortune 500 pharmaceutical company attempted to rent the sovereign immunity of an American Indian tribe in order to shield its patents on a dry-eye drug from invalidation by generic competitors in inter partes review. Pharmaceutical firms are notorious for pursuing unconventional methods to extend the duration of their patents and, in this sense, the maneuver is unsurprising. The exploitation, however, of an historically disenfranchised community with limited economic opportunities is particularly unsettling. This Article will provide, firstly, a factual summary of the legal background of this case; secondly, a review of the February 2018 decision of the ...


Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado 2019 Fordham University School of Law

Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado

Fordham Intellectual Property, Media and Entertainment Law Journal

Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have ...


A History Of Competition: The Impact Of Antitrust On Hong Kong’S Telecommunications Markets, Sandra Marco Colino 2019 The Chinese University of Hong Kong

A History Of Competition: The Impact Of Antitrust On Hong Kong’S Telecommunications Markets, Sandra Marco Colino

Fordham Intellectual Property, Media and Entertainment Law Journal

Hong Kong has only had cross-sector competition law since 2015, but the city’s telecommunications markets have been subject to sector-specific antitrust provisions for over two decades. The importance of nurturing an efficient, innovative, and competitive telecoms industry for Hong Kong’s economic prosperity was acknowledged already at the time the sector was liberalized in the 1990s. Yet until the late 2000s, the government vehemently opposed the adoption of competition law in virtually all other sectors of the economy. This paper examines the effectiveness of the regulatory framework set up to guarantee the protection of competition in the telecommunications sector ...


Dirty Little Secrets: Fracking Fluids, Dubious Trade Secrets, Confidential Contamination, And The Public Health Information Vacuum, Elliot Fink 2019 Fordham University School of Law

Dirty Little Secrets: Fracking Fluids, Dubious Trade Secrets, Confidential Contamination, And The Public Health Information Vacuum, Elliot Fink

Fordham Intellectual Property, Media and Entertainment Law Journal

While the carbon energy industry has frequently claimed that hydraulic fracturing processes and ingredients are proprietary and protected by trade secret laws, their large scale and volume nationwide and the well-documented dangers that they pose to public health have brought fracking under scrutiny. When individuals have been adversely impacted in their own backyards, weak federal and state laws and regulation have generally left these impacted citizens with little to no recourse and part of this problem stems from questionable uses of privacy law, specifically dubious claims of trade secrecy. Focusing specifically on Pennsylvania as a model of insufficient state regulation ...


The Aftereffects Of Tc Heartland: How To Effectively Approach Motions To Dismiss And Motions To Transfer On The Basis Of Improper Venue, Jennifer Rosenblatt 2019 Fordham Law School

The Aftereffects Of Tc Heartland: How To Effectively Approach Motions To Dismiss And Motions To Transfer On The Basis Of Improper Venue, Jennifer Rosenblatt

Fordham Intellectual Property, Media and Entertainment Law Journal

Prior to the Supreme Court's decision in TC Heartland, the law of venue in patent infringement actions fluctuated over time. In recent history, the Eastern District of Texas became a notoriously plaintiff-friendly forum in which to litigate patent infringement actions; it was also a widely available choice of forum due to the Court of Appeals for the Federal Circuit's broad reading of the patent venue statute, 28 U.S.C. § 1400(b). However, the Supreme Court in TC Heartland adopted its earlier interpretation of the patent venue statute that is much narrower than subsequent interpretive expansions.

This Note ...


Privacy In Gaming, N. Cameron Russell, Joel R. Reidenberg, Sumyung Moon 2019 Fordham University

Privacy In Gaming, N. Cameron Russell, Joel R. Reidenberg, Sumyung Moon

Fordham Intellectual Property, Media and Entertainment Law Journal

Video game platforms and business models are increasingly built on collection, use, and sharing of personal information for purposes of both functionality and revenue. This paper examines privacy issues and explores data practices, technical specifications, and policy statements of the most popular games and gaming platforms to provide an overview of the current privacy legal landscape for mobile gaming, console gaming, and virtual reality devices. The research observes how modern gaming aligns with information privacy notions and norms and how data practices and technologies specific to gaming may affect users and, in particular, child gamers.

After objectively selecting and analyzing ...


Fearless Girl Meets Charging Bull: Copyright And The Regulation Of Intertextuality, Annemarie Bridy 2019 University of Idaho College of Law

Fearless Girl Meets Charging Bull: Copyright And The Regulation Of Intertextuality, Annemarie Bridy

Articles

This Article approaches the Fearless Girl/Charging Bull controversy as a case study in how copyright law regulates conditions of interaction between existing artistic works and new ones, in order to protect the value and integrity of the former without diminishing production of the latter. To assess the merits of sculptor Arturo DiModica’s legal claims in light of the policies underlying copyright law, I turn to the theory of intertextuality and the work of two narrative theorists—M.M. Bakhtin and Gerard Genette. Bakhtin’s concept of dialogism and Genette’s concept of hypertextuality are especially useful for understanding ...


The Intricate Relationship Between Intellectual Property Exhaustion And Free Movement Of Goods In Regional Organizations: Comparing The Eu/Eea, Nafta, And Asean, Irene Calboli 2019 Texas A&M University School of Law

The Intricate Relationship Between Intellectual Property Exhaustion And Free Movement Of Goods In Regional Organizations: Comparing The Eu/Eea, Nafta, And Asean, Irene Calboli

Faculty Scholarship

This article explores the relationship between national rules on the exhaustion of intellectual property (IP) rights and cross-border trade within regional organizations. In particular, this article compares three distinct approaches adopted by: the European Union (EU); the North American Free Trade Area (NAFTA); and the Association of South East Asian Nations (ASEAN). Based on this comparison, this article concludes that in order to effectively promote the free movement of goods, members of regional organizations need to consistently adopt national policies on IP exhaustion that support, at least, a system of regional exhaustion such as currently found in the EU. However ...


Copyright Term And The Public Domain In The United States, Peter B. Hirtle 2019 Cornell University

Copyright Term And The Public Domain In The United States, Peter B. Hirtle

Copyright, Fair Use, Scholarly Communication, etc.

Footnote 1:

  1. This chart was first published in Peter B. Hirtle, "Recent Changes To The Copyright Law: Copyright Term Extension," Archival Outlook, January/February 1999. This version is current as of 1 January 2019. The most recent version is found at https://copyright.cornell.edu/publicdomain. For some explanation on how to use the chart and complications hidden in it, see Peter B. Hirtle, "When is 1923 Going to Arrive and Other Complications of the U.S. Public Domain," Searcher (Sept 2012). The chart is based in part on Laura N. Gasaway's chart, "When Works Pass Into the Public ...


Evaluating A Unified Intellectual Property System Of Internet Service Providers In The Electronic Commerce Law -- A Comparative Research Between China And The U.S., Yifan Huang 2019 Indiana University Maurer School of Law

Evaluating A Unified Intellectual Property System Of Internet Service Providers In The Electronic Commerce Law -- A Comparative Research Between China And The U.S., Yifan Huang

Theses and Dissertations

As the Electronic Commerce Law went into effective in Jan. 1st, 2019, not only did China establish a unified IP protection system of ISPs, but also set up a blueprint for a comprehensive mechanism of ISPs for the future improvement. The question is whether this new law can effectively prevent the serious IP infringement issues of ISPs and therefore successfully improve the IP protection in China. To answerer this question, the dissertation analyzes the development of the mechanism of ISPs in copyright and trademark regimes before the Electronic Commerce Law, and seeks to demonstrate the impact of the Electronic Commerce ...


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