Digital Commons Network^™

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 …

A Patent Pool-Party: Changing The Current Use Of Patent Pools For Treatment Innovation In Public Health Emergencies, Emma Whitmore

Journal of Intellectual Property Law

Intellectual property laws have been in tension with the creation of innovation for the public good since their inception. Many intellectual property concepts such as patents create an opportunity for ownership of invention, which in the general market and in typical life circumstances, has the power to aid innovation and work successfully in the market. However, in times of emergency, intellectual property can create a roadblock that costs human life. As highlighted in the current COVID-19 pandemic, intellectual property laws have the power to act as a hinderance to the innovation of lifesaving treatments by not allowing information to be …

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 …

Another Round For Petrella V. Mgm, Laches, And Raging Bull: Resolving The Circuit Split Over Copyright’S Statute Of Limitations, David E. Shipley

Journal of Intellectual Property Law

There is a split between the Second Circuit and the Ninth and Eleventh Circuits over the interpretation and application of the Copyright Act’s three-year statute of limitations. The disagreement is about whether it bars a copyright infringement plaintiff from recovering for infringing acts occurring outside the statute’s three-year window. The Second Circuit stated in 2020 in Sohm v. Scholastic that the U.S. Supreme Court explicitly delimited damages to the three years prior to the commencement of an infringement action. However, the Ninth Circuit in Starz Entertainment in 2022 and the Eleventh Circuit Nealy v. Warner Chappell Music in 2023 both …

Table Of Contents, Hunter Payne

Journal of Intellectual Property Law

No abstract provided.

Full Issue: Volume 5, Issue 2, Editorial Board

Swarthmore Undergraduate History Journal

The second issue in the fifth volume of the Swarthmore Undergraduate History Journal.

À Propos Decolonization: The “Affaire D’Amour” Between The Renault Factory Strikes Of 1947 And French Malagasy Discrimination, Grace E. Wurzer

Swarthmore Undergraduate History Journal

In 1947, The Monnet Plan was introduced in France to reinvigorate the economy, which was still feeble after World War II. Its high demands of factory workers soon led to strikes, which quickly gained the support of the French Communist Party. Concurrently, the French government was rapidly decolonizing Madagascar. Newly independent Africans found themselves financially strained in the wake of decolonization and were enticed to immigrate to France in the hopes of attaining economic freedom and citizenship in exchange for labor. These laborers, who were employed by the stricken factories, also garnered the support of the PCF, much to the …

From “Defilement” To “Modernity”: How Japan's Encounter With The West Brought Beef To The Table, Ying Yi Tan

Swarthmore Undergraduate History Journal

The long Tokugawa – Meiji transition (1850s – 1880s) is arguably one of the most profound socio-economic transitions that Japan underwent in its history. This paper uses beef consumption in Japan as a lens to further investigate the players involved in this transition. Historically more eschewed than other types of meat and tightly associated with the notion of the “other,” beef became an embodiment of progress and modernity during the Meiji Period. Through tracing the historical shift in the Japanese perception of beef, this paper argues that the evolution of beef consumption corresponds to the radically shifting attitudes of the …

The Potomac Ploy: George Washington’S Secret Scheme That Shaped The Nation’S Capital, Benjamin A. Savel

Swarthmore Undergraduate History Journal

For over 200 years, historians have glossed over blemishes on George Washington’s reputation, transforming the president into an almost mythological figure of the United States’ national identity. This paper brings into focus one of the more overlooked narratives about the president, revealing that his choice of Washington DC and the Potomac River as the location for the national capital was driven by financial self-interest and not by a prescient vision of future national unity.

Overwhelming evidence demonstrates that Washington knew the Potomac River could not serve as a national waterway; he was well aware of impassible rapids, sudden drops that …

Two Houses Divided? The Parallel Histories Of The Casa De Contratación And The Casa Da Índia, 1500-1580, Gustavo L. Romero

Swarthmore Undergraduate History Journal

This paper seeks to investigate the histories of the Spanish Casa de Contratación and the Portuguese Casa da Índia in relation to one another, identifying possible ways in which each drew inspiration, or imitated the other during the period from 1500 to 1580. Though there is existing research into the individual Casas, comparative approaches have generally been avoided. This work synthesizes the literature and tracks interactions or trends between the Iberian empires from both an institutional and interpersonal perspective. Through analysis of bureaucratic charters, letters, and other documents, it outlines the time periods, possible reasons, and results of this …

Poles And Puerto Ricans: Immigration And Assimilation In The Pioneer Valley, Gabriel S. Proia

Swarthmore Undergraduate History Journal

This paper attempts to explain why Polish immigrant farmers who came to the Pioneer Valley around the turn of the century assimilated more fully into the dominant culture and achieved on average greater economic success than Puerto Rican immigrant farmers who engaged in similar work in the same region roughly fifty years later. I begin by reviewing American Studies literature on assimilation dynamics to develop a framework for qualitatively evaluating how both groups changed over time. The evaluation is thereafter based on local newspaper articles and secondary ethnographic and historical literature from throughout the twentieth century, as well as interviews …

The Identity Crisis In China’S National Drama: Vilification And Erasure Of The Homosexuality Of The Dan In Peking Opera, 1910–45, Xiaoyao Lu

Swarthmore Undergraduate History Journal

The homosexuality of male dan actors — female impersonators — in the renowned Peking Opera has long been the subject of tabloid speculation and intellectual criticism since the 19th century, and yet little is said about it in modern-day China. While scholars have ascribed the cause of this change in perceptions of dan homosexuality to events of 1910–20s, including the work of Mei Lanfang, domestic political and economic change, and Japanese influence, I argue that Western and Soviet influence spanning from 1910–45 was the driving factor behind the vilification and heterosexualisation of dan actors.

I show the absence of homophobic …

Using The Colonizers’ Own Weapons: The Politics Of Equality, Freedom, & Integration In Advocacy Against American Indian Termination, Eliza Kravitz

Swarthmore Undergraduate History Journal

Beginning in the early 1950s, the United States Congress enacted a program of “termination” of American Indian tribes. By eliminating the special relationship between tribes and the federal government, termination aimed at the full assimilation of American Indians into U.S. society. Government proponents advocated for termination using the language of equal rights, freedom, and integration. Previous scholarship has shown that anti-termination advocates, by contrast, appealed to the internationalist Cold War language of development, self-governance, and global decolonization to resist termination. These same leaders also invoked the civil rights language of termination’s proponents, however. Their arguments illustrated how the federal government …

“Students Find Corporate Reforms Absurd”: Bryn Mawr Student’S Mobilization For Divestment From Apartheid South Africa, Madeline Rose Kessler

Swarthmore Undergraduate History Journal

In 1986, Bryn Mawr College’s endowment held $8 million or 8.33% of its $96 million endowment in investments tied to Apartheid in South Africa. In line with other major US institutions who believed they must act moral in the face of violent and exploitative system of racial discrimination, the Board of Trustees, the governing body that oversees college operations and finances, proposed a plan in 1985 to divest from subsidiaries of their stock in South Africa if Apartheid was still in place 24 months later in 1987. This came at the tail end of the international movement to oppose and …

The "Burden Of Blame": Coalition-Building In The Transgender Movement From The 1970s Through The 1990s, Julia F. Grafstein

Swarthmore Undergraduate History Journal

Coalition-building within the transgender movement has received scant attention from scholars in transgender history. The vulnerable period after the Stonewall Riots in 1969 was one of extreme growth in the transgender movement, as trans people came together to challenge injustices they experienced, such as employment discrimination, cross-dressing laws, police brutality, and equal access to medical care. This essay documents not only the extent of these injustices, but also the ways in which trans people united to educate and support one another in the face of injustice. Trans activists also sought to educate cisgender people and reform the prejudices of people …

Land, Labor, And The Railroad In Industrial Appalachia: How The Baltimore And Ohio Railroad Engineered Space, 1843-1872, Lillian R. K. M. Austin

Swarthmore Undergraduate History Journal

During the nineteenth century, the Baltimore and Ohio railroad reshaped the social, political, and physical environment of the mid-Atlantic around the needs of the industrial economy. The creation of industrial space, and the proliferation of communities to populate it, is seen retrospectively as an inevitable consequence of technological innovation, but engaging with contemporary corporate records reveals that this space, like the railroad, was engineered. In order to design a supply chain that would make industrialization economical, the railroad and coal industries engaged in political and social engineering to design the new locales of industrialism, exemplified in the Allegheny Mountains by …

Variables Associated With The Effectiveness Of Ball Possession In At-Home Futsal Matches, Márcio Aparecido Rinaldo, Edirley Guimarães De Souza, Karina Alves Silva, Bruno Marques Fidelis, Tarlyson Regioli De Angelis, Paulo Cesar Cardoso, Vinícius Flávio Milanez, Solange De Paula Ramos

International Journal of Exercise Science

International Journal of Exercise Science 17(6): 916-928, 2024. This study aims to identify contextual situations (score, game time, the interaction between teammates and opponents, start and restart plays) that increase the odds ratio of maintenance of ball possession and scoring a goal. Twenty professional futsal players were evaluated in seven home official matches. The games were filmed to analyze the offensive actions. In total, 828 attacking plays were analyzed. The absence of defensive pressure from the opponent resulted in a greater odds ratio (OR) for loss of ball possession (OR = 1.7, 95% CI = 1.7 to 2.2), but also …

The Impact Of Load Mass And Distribution On Heart Rate, Perceived Exertion, And Accelerometer Measured Physical Activity During Running, Sean Hagstrom, Scott Conger, Jeremy A. Steeves

International Journal of Exercise Science

International Journal of Exercise Science 17(4): 929-940, 2024. Many tactical athletes (military and emergency personnel) have fixed load carriage occupational requirements. Understanding the effects of running with common military “fighting loads” (no load to approximately 18 kg) on heart rate (HR), perceived exertion (RPE), and measuring it with accelerometers has implications for training and ensuring physical readiness of recruits. Eleven (7 male and 4 female) civilians (21.5±2.3 years, 1.83±0.09 m, and 80.7±18.5 kg) completed four, 5-minute running (8.05 kph) conditions: no external load, rifle carriage (3.5 kg), pack carriage (13.6 kg), and rifle/pack carriage (17.1 kg) in random order, while …

Blood Lactate Steady State During Interval Training: New Perspectives On Something Already Known, Juan Carlos Mazza, Raúl Ricardo Festa, Alvaro N. Gurovich, Sebastián Jannas-Vela

International Journal of Exercise Science

International Journal of Exercise Science 17(2): 941-953, 2024. The purpose of this study was to confirm that blood lactate concentrations can be maintained at moderate to high steady state values during an entire interval training (IT) session (repetitions + rest). Forty-eight trained swimmers and track athletes performed four IT protocols consisting of 6-10 bouts between 1 and 3-min at ~5-10 mmol/L blood lactate concentrations with a passive recovery of 60 to 180-sec. Performance times were measured at every bout, while blood lactate concentrations and heart rate during recovery every other bout. One-way ANOVA was performed for comparisons and r-squared for …

Foam Rolling On The Whole Leg And Its Immediate Effects On Postural Control In Collegiate Female Athletes, Andrew Shim, Mackenzie Melton, Vanessa Fiaud, Monica Dial

International Journal of Exercise Science

International Journal of Exercise Science 17(1): 954-964, 2024. The maintenance of body posture relies on mechanoreceptors, suggesting myofascial release could assist postural control. The effects of this have not been well documented, providing room for this investigation. Twenty-one female athletes spent approximately 2.5 minutes foam rolling the calf and thigh muscles on one leg then repeated on opposite leg for a total of 5 minutes. Center of Pressure (CoP) and Limit of Stability (LoS) were assessed using a Bertec posturography plate before (pre-) and after (post-) foam rolling. CoP was measured with eyes open stable surface (EOSS), or eyes closed …

Perception Of Running Shoe Cushioning: Determining The Correspondence Between Subjective Assessment And In-Vitro Measurement, Bahador Keshvari, Juergen Mitternacht Mr, Nick Schubert, Veit Senner

International Journal of Exercise Science

International Journal of Exercise Science 17(1): 902-915, 2024. Running shoes, and in particular insoles, are the first interface between runners and running surface. Different insole attenuation properties may vary perception of cushioning and, accordingly, the effect on muscle adaptation. The aim of this study is to find the just noticeable difference between four insole materials, and investigate the parameters of in-vitro measurement of impact testing to predict cushioning comfort. Nineteen (n = 19) male participants were recruited from the sports center at the Technical University of Munich with a mean age of 23.89 (SD = 2.31), weight of 73.52 kg …

The Art Of Advocacy: A Plea For The Renaissance Of The Trial Lawyer (Lloyd Paul Stryker, 1954), William A. Hunter

Florida Law Review

No abstract provided.

Military Law (Daniel Walker, 1954), Mandell Glicksberg

Florida Law Review

No abstract provided.

Arctic Policy Considerations For Scottish Independence, Mason Mcinnis Brewer

Ocean and Coastal Law Journal

The ongoing effects of climate change on the Arctic environment raises the geopolitical importance of the Arctic and nearby regions, such as the broader High North. With deteriorating relations between Russia and much of the international community, changes to international borders in these regions would undoubtedly be a concern for those with Arctic interests. Consequently, due to Scotland’s location in the world, the legal analysis surrounding any Scottish claim to external self-determination under international law would include Arctic considerations. Following a review of the Artic policy priorities of the U.K. and Scottish governments, and each government's involvement in developing those …

The Loss & Damage Fund: Will It Leave Greenland Behind?, Natalie L. Nowatzke

Ocean and Coastal Law Journal

The United Nations Framework Convention on Climate Change (UNFCCC) maintains three pillars of international climate governance: (1) mitigation, (2) adaptation, and (3) loss and damage. Loss and damage, the newest pillar, refers to the negative effects of climate change that transpire despite mitigation and adaptation measures. This notion has manifested into the newly operationalized Loss and Damage Fund, which is designed to compensate developing nations for the losses and damages that occur. This Comment identifies a gap in the Loss and Damage Fund, which will leave Greenland left out of receiving compensation, despite being extremely vulnerable to climate change, because …

Sea Ice And The Law Of The Sea: The Myth Of Article 234, Amanda H. Lynch, Charles H. Norchi

Ocean and Coastal Law Journal

The sea ice of Article 234 of UNCLOS represents not the physical ice of the Arctic Ocean but a negotiated myth of ice as it affects the Arctic littoral states. The stability of this prescription is threatened by anthropogenic climate change causing a preferential evacuation of ice from the eastern Arctic compared to the western Arctic, as well as expectations for a possible future ice-free Arctic. This is leading to an intensification of claims on marine space. The irreducible uncertainties of the future trajectory of Arctic change demands a dynamic response. The myth of Article 234 will ultimately align with …