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What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik

Faculty Scholarship

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …

Patent Law And Access To Biotechnology, Enoch Otim

Technology and Economics Law Journal

The research analyzes the use of patents in a field other than industry and how they have a wider impact than the monetary gain of the patent holder. In recent years, patents have been taken out on organisms and gene sequences, which has a flow-on effect of jeopardizing any further research in that area and possible future developments. This is a serious issue in the fast-moving field of medical biotechnology. For example, researchers patented and developed a test that utilized and identified a gene sequence that was later patented by another party. The researchers may have to discontinue the test …

The Sufficiency Of Disclosure Of Ai Inventions, Mateo Aboy, Aparajita Lath, Timo Minssen, Kathleen Liddell

Articles

• The complex and data-driven nature of artificial intelligence (AI) raises questions for the sufficient disclosure of patent applications in this field. What are the European patent disclosure requirements for AI inventions?

• One challenge is that, prior to training, AI systems can be considered generic models. But after training, they transform into specialized AI systems to solve a particular problem. This transformation requires training data, making it an integral part of the AI system’s definition. But to what extent is the disclosure of the training data or training process necessary for patent disclosure?

• The Boards of Appeal of the European Patent …

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University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

How To Read A Patent: A Survey Of The Textual Characteristics Of Patent Documents And Strategies For Comprehension, Graham Sherriff

Journal of the Patent and Trademark Resource Center Association

Reading patents is an important activity for inventors and anyone seeking to file or defend a patent, as well as for “exploratory” researchers such as students in a range of disciplines. However, they are notoriously difficult to read. This paper examines the characteristics of patent documents that impair their readability and seeks to identify comprehension strategies and techniques that may alleviate this difficulty. Insights were gathered from a review of the scholarly literature on reading and patent literacy, a survey of patent educators affiliated with the US Patent and Trademark Office (USPTO)’s Patent and Trademark Research Center (PTRC) Program, and …

A Peek Behind The Scenes At The Making Of Three Decades Of Supreme Court Copyright Decisions, Jonathan Band

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Curious Case Of The James Brown Estate, Lee-Ford Tritt

UF Law Faculty Publications

Great musicians are larger than life, and the most iconic of them become members of an elite musical monarchy: Michael Jackson was the King of Pop, Aretha Franklin was the Queen of Soul, and Prince Rogers Nelson was Prince. Similarly, James Brown, the inventor of funk music, landed a seat at this table of legendary musicians. Although lacking a royal honorific, James Brown was "the Godfather of Soul." The Godfather of Soul, though, shared more than musical prowess with these other iconic musicians. The estates of James Brown, Michael Jackson, Aretha Franklin, and Prince all continue to face legal obstacles—years …

Theoretical Justifications For Trade Secrets Protection Of Routine Business Information, Timothy Murphy

Buffalo Law Review

For over a century trade secret law has protected internal business information from misappropriation by departing employees. Over this time, courts developed various limiting doctrines to minimize the impact of this broad protection on employee mobility in particular cases. However, the workplace has changed significantly over this time and these changes raise substantial questions as to whether there is any valid theoretical justification for continuing to protect routine business information under trade secret law. In an environment where the vast majority of trade secrets claims are against former employees, the lack of sound justification for protecting routine business information, the …

Hard Truths About Soft Ip, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

People routinely refer to copyright and trademark as “soft IP” to distinguish these practices from another area of intellectual property: patent. But the term reflects implicit biases against copyright and trademark doctrine and practioners. “Soft IP” implies that patent law alone is hard, even though patents are no more physically, metaphorically or intellectually hard than copyrights and trademarks. Despite stereotypes to the contrary, patents are not necessarily more practically hard: while the U.S. Patent and Trademark Office requires technical training for patent prosecutors, which excludes many women and people of color, no such experience is necessary for most patent litigators …

Tek Seng Bio Temple As A Symbol Of History And Locality Of The Chinese Indonesian Community In Cikarang, Harry Farinuddin, Didik Pradjoko

International Review of Humanities Studies

This article examines Tek Seng Bio (德圣庙) Temple within the context of the temple as the symbol of local history among Chinese Indonesians in Cikarang. Established in 1900 by Tjio Lo Weh (蒋維内) from Fujian, the temple marked the inception of a Chinese settlement in North Cikarang. Unique in its devotion to Lín Tài Shī Gōng/Liem Tay Soe Kong (林太师公) as their main deity, Tek Seng Bio Temple originally functioned as a private familial place of worship. However, its transition to a public worship house faced challenges in 1967, with Presidential Instruction Number 14 imposing restrictions on Chinese religious practices, …

Translation Of Archaisms In English Contractual Documents, Indra Listyo, Myrna Laksman-Huntley, Haru Deliana Dewi

International Review of Humanities Studies

This research investigates the translation of archaisms, particularly here-words and there-words, from English to Indonesian, highlighting the unique challenges they present. Using a descriptive qualitative method, the study is framed by the Skopos theory and ISO 24495-1:2023 - Plain Language principles. The Skopos theory stresses the translation's intended purpose, advocating a functional approach that enhances the target text's communicative efficacy. ISO 24495-1:2023 ensures legal documents are clear, concise, and accessible, maintaining their legal integrity. The research examines a bilingual English-Indonesian contractual document, the Global Master Repurchase Agreement, to analyze the translation of these archaic terms. Findings show that translating archaisms …

Hyperreality In Sharenting: Challenges Of Being An Indonesian Parent Today, Yosepha Arybowo, Maria Regina Widhiasti

International Review of Humanities Studies

The phenomenon of sharenting refers to the practice of parents, particularly mothers, sharing personal information in the form of text, photos, or videos about their child-rearing experiences and journey to parenthood on social media platforms. Social media, as a space of simulation, is considered to present an idealized version of parenting, showcasing perfect moments and achievements. This paper critically explores how the phenomenon of sharenting, especially by millennial mothers in Indonesia, contributes to the construction of family life representations that underlie parents' adaptation to idealized parenting standards on social media platforms. The paper samples sharenting content from several Instagram accounts …

Phylogenetic Analysis Of Anthropomorphic Rock Art: A Study Of Material Culture Evolution, Muhammad Faisal Chair, Ali Akbar

International Review of Humanities Studies

This paper provides an explanation of the application of phylogenetic analysis, derived from biology, to be applied in archaeology with the aim of observing evolutionary phenomena, the development of ideas, and the dissemination of ideas from material culture. Phylogenetics will be applied to data on anthropomorphic motifs at five rock art sites in West Sumatra: Gua Lidah Air, Gua Runjo, Ngalau Tompok Syohiah, Batu Basurek, and Gua Basurek. The main stages in this analysis involve collecting representative data in the category of distinctive values from each rock art site. Distinctive values data is obtained through observation and identification of morphological …

Approach Of Biography Of Objects: A Passage From Profane To Sacred, Fierda Al Jahra, Irmawati Marwoto

International Review of Humanities Studies

This paper discusses the life journey of buildings through the Biography of Things approach taken through a case study of the Bouwploeg building which is currently the Cut Meutia Mosque. The change from an office building as a profane building to a mosque as a sacred building is the reason for the biography of things approach. This research uses the main data in the form of the Cut Meutia Mosque building, which is still standing in Menteng, Central Jakarta. The research method used in this research is based on the K. R. Dark framework which consists of data sources, data, …

Damage(S) Control: An Examination Of How The Supreme Court Still Has Not Decided If The Discovery Rule Or The Injury Rule Applies To Copyright Infringement Damages, Caroline Gallo

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Sharing Of Children’S Health Data By Health Professionals And Parents – A Consideration Of Legal Duties, Dr. Carolyn Johnston

Indian Journal of Law and Technology

Children’s health data such as blood pressure, X-rays and written notes of medical examinations are produced in a clinical setting through health professionals’ interaction with their minor patients. Health care practitioners owe legal and professional obligations not to disclose such information without consent or other legally recognised authorisation. With the increasing advent of data generated by patients themselves from wearable devices such as continuous glucose monitors and health apps, the patient, or parents, have initial control of the data and decide who to share it with. Where wearable devices have been provided to parents by the child’s health care provider …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

Rage Against The Machine: Copyright Infringement In Ai-Generated Music, Joseph Will

Journal of Intellectual Property Law

AI-generated music has garnered significant attention, with many raising concerns about the new technology’s potential impact on both the music industry and human creativity. Others, including some musicians, have expressed excitement about AI and its potential for furthering creativity. Much focus has been placed on “deepfakes” of famous musicians, but there is also the issue of the use of copyrighted songs as training inputs for AI music generators. Some have argued that this machine learning process constitutes widespread copyright infringement, though it is not clear how courts will address this novel phenomenon. This Note examines AI-generated music through the lens …

Guilty Pleasures: The Copyright And Labor Of Reality Television, Emily Tracy

Journal of Intellectual Property Law

The Writers Guild of America’s 2023 strike forced audiences to reckon with Hollywood’s labor issues and the powerhouse unions that seek to solve them. Television networks responded with “strike-proof” fall schedules that highlighted a gap in the entertainment industry’s union membership: reality television. This Note examines and questions that gap, focusing on the labor of reality story producers and the important role it plays in creating a copyrightable product. Although copyright doctrine offers story producers little to no protection against exploitation, copyright case law implicitly recognizes story producers as, essentially, writers. This Note uses that case law to argue that …

Navigating The Trademark Parody Paradigm: Assessing The Impact Of The ‘Bad Spaniels’ Decision On Ip Owners, Creatives, And Self-Parody In The Post-Jack Daniel’S Era, Allison Richards

Journal of Intellectual Property Law

This Note explores the blurred lines that now exist at the intersection of safeguarding trademark owners’ rights and protecting the public interest in freedom of expression, with a specific focus on the recent and unprecedented Supreme Court ruling in the ‘Bad Spaniels’ dog chew-toy trademark infringement case. The Supreme Court’s June 2023 decision in Jack Daniel’s v. VIP Products prompts a critical analysis of the once-dominant Rogers v. Grimaldi test, questioning its applicability in determining fair use and parody within the realm of trademark infringement. In examining what lies ahead for the evolving world of trademark law post-‘Bad Spaniels’, this …

Slowing Down Fast Fashion: How Improved Intellectual Property Law Can Protect Designers And Promote Sustainability, Julia Krzeminski

Journal of Intellectual Property Law

Fast fashion, characterized as clothing made quickly and cheaply, can be seen as a solution for consumers who want to participate in current fashion trends at price points they can afford. While creating a solution for consumers, fast fashion creates even greater problems for both the environment and the designers responsible for creating the clothing everyone wants to wear.

In order to keep up with consumer demand for low-cost, trendy items, many fast fashion retailers look to the work of other designers to determine what to create and sell. In doing so, the line between inspiration and imitation may be …

Commerciality & Originality: Andy Warhol’S Impact On Analyzing Fair Use On Social Media, Bob Anderson

Journal of Intellectual Property Law

This Note creates a three-bucket commerciality approach for noncommercial content, advertisements, and monetized content to answer how copyright’s fair use protects social media content. To demonstrate its application, the bucket approach is applied to current discussions surrounding social media including video thumbnails, memes, reaction and commentary videos, music in videos, and news reporting. While there is no definitive answer to fair use, this Note attempts to provide clearer guidance using Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith’s lessons.

With the amount of social media content growing exponentially, copying of original content has become rampant. Though many …

Eliminating Ghostwriters: How A Federal Right Of Publicity Can Save The Music Industry From Generative Artificial Intelligence, Ikram Ali Mohammed

Journal of Intellectual Property Law

Copyright law is currently incapable of resolving challenges introduced by the use of generative artificial intelligence, or generative AI, in the music industry. This technology is being adopted by both copyright holders and licensees, as well as independent artists and third-party applications. In 2023, online producer Ghostwriter created a song (Heart on My Sleeve) directly influenced by copyrighted materials from global artists Drake and The Weeknd using AI technology. The composition garnered millions of listeners across social media and streaming platforms. However, neither the original artists nor their music group (i.e., Universal Music Group) provided Ghostwriter a license …

The Brain Is In Your Court: Evaluating Intellectual Property Infringement Audience Through The Lens Of Neuroscience, Madyson Kent

Washington and Lee Law Review

To protect creations of the mind, the law needs to understand the mind. Thankfully, the rapidly emerging field of neuroscience provides an invaluable glimpse into the inner workings of the human brain. Now that scientific instruments provide a window into the living brain, it is time to reexamine the way intellectual property law decides the outcomes of infringement lawsuits.

Critically examining neuroscience in the context of the law helps to answer the most fundamental question in an intellectual property lawsuit: Was there infringement? A judicial hesitancy to understand the thought processes of artists and creators results in relying on the …

"The Law Doesn't Work Like A Computer": Exploring Software Licensing Issues Faced By Legal Practitioners, Nathan Wintersgill, Trevor Stalnaker, Laura A. Heymann, Oscar Chaparro, Denys Poshyvanyk

Faculty Publications

Most modern software products incorporate open source components, which requires compliance with each component’s licenses. As noncompliance can lead to significant repercussions, organizations often seek advice from legal practitioners to maintain license compliance, address licensing issues, and manage the risks of noncompliance. While legal practitioners play a critical role in the process, little is known in the software engineering community about their experiences within the open source license compliance ecosystem. To fill this knowledge gap, a joint team of software engineering and legal researchers designed and conducted a survey with 30 legal practitioners and related occupations and then held 16 …

Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke

The Journal of Business, Entrepreneurship & the Law

This article examines how the armed Ukraine-Russia conflict opened a doorway for a wave of international arbitration via corporate actions against Russia for violating BIT obligations. To provide context for the suggested BIT arbitration against Russia, this article begins with a brief discussion of the historical background of this conflict and investor-state treaty arbitration. This article next pivots to analyze the applicability of investor-state treaty arbitration to compensate lost IP investments in three parts. Part I considers how investor-state treaty arbitration function with ongoing armed conflict and which investors may initiate investor-state treaty claims. Next, Part II reports on the …

Authorship In The Age Of Algorithms: Adapting Copyright Law For Ai-Generated Content, Sydney Thomas

Journal of Nonprofit Innovation

In the age of Artificial Intelligence (AI), the relationship between technological advancement and legal protection for human creators has become increasingly critical. From Stephen Hawking's admonition of the potential risks of unregulated AI to Sam Altman's advocacy for proactive regulation, this paper navigates the evolving landscape of AI innovation and copyright law. By examining the challenges posed by AI-generated content, including issues of intellectual property infringement and privacy concerns, it highlights the need for adaptive legal frameworks. Strategic enhancements to copyright law must be developed, such as bolstering fair use doctrine and expanding creator rights, to ensure the protection of …

Catch Me If You Can Claim Copyright Infringement: How Copyright Law Unevenly Protects Novice Scriptwriters, Alexander Cole Dibucci

Global Business Law Review

In the realm of creative endeavors, novice scriptwriters often find themselves in a precarious position, highly susceptible to having their original work exploited for profit by formidable players in the industry, drawing a parallel to the timeless tale of David versus Goliath. In these all-too common scenarios, the multi-million-dollar film agencies that, reminiscent of Goliath, appropriate the creative fruits of amateurs striving to establish their names in the field. Regrettably, unlike the triumphant David from the biblical narrative, novice scriptwriters are frequently left without adequate protection within the legal landscape of the United States, where the scales tend to tip …

Examining Patent Eligibility, Charles Duan

St. John's Law Review

(Excerpt)

A firestorm of debate has surrounded the Supreme Court of the United States’s 2014 decision Alice Corp. Pty. Ltd. v. CLS Bank International on the doctrine of patentable subject matter eligibility under 35 U.S.C. § 101. As the Court’s leading articulation of doctrine, which generally excludes from patenting abstract ideas, laws of nature, and natural phenomena, Alice has been criticized as unpredictably vague and overly constrictive of patentability, with the effect of “decimating” patents, innovation, technological investment, and even the United States’ competitiveness against other nations. To support these criticisms and calls for reform, scholars and practitioners have frequently …

When Ai Remembers Too Much: Reinventing The Right To Be Forgotten For The Generative Age, Cheng-Chi Chang

Washington Journal of Law, Technology & Arts

The emergence of generative artificial intelligence (AI) systems poses novel challenges for the right to be forgotten. While this right gained prominence following the 2014 Google Spain v. Gonzalez case, generative AI’s limitless memory and ability to reproduce identifiable data from fragments threaten traditional conceptions of forgetting. This Article traces the evolution of the right to be forgotten from its privacy law origins towards an independent entitlement grounded in self-determination for personal information. However, it contends the inherent limitations of using current anonymization, deletion, and geographical blocking mechanisms to prevent AI models from retaining personal data render forgetting infeasible. Moreover, …