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Full-Text Articles in Law
Caught By The Act: Does The Copyright Act Of 1909 Pose Legal Disasters For Modern Music?, 21 Uic Rev. Intell. Prop. L. 292 (2022), Raine Odom
UIC Review of Intellectual Property Law
No abstract provided.
The Predatory Nature Of Loot Boxes And The Need For Governmental Regulation, 53 Uic J. Marshall L. Rev. 1085 (2021), Jerry Shen
UIC Law Review
No abstract provided.
So Are Games Coffee Mugs Or What? Games And The Right Of Publicity Revisited, 19 Uic Rev. Intell. Prop. L. 178 (2020), William K. Ford
So Are Games Coffee Mugs Or What? Games And The Right Of Publicity Revisited, 19 Uic Rev. Intell. Prop. L. 178 (2020), William K. Ford
UIC Review of Intellectual Property Law
In Brown v. Entertainment Merchants Association, 564 U.S. 786 (2011), the U.S. Supreme Court held that video games are equivalent to other forms of media for First Amendment purposes. This decision should have put video games in the same category as other forms of non-commercial, expressive speech for purposes of the right of publicity. This article reviews the post-Brown decisions to determine the current place of video games within the caselaw. The result of that review is that games are still in a transitional stage, no longer merchandise as a matter of doctrine, but not yet receiving the same treatment …
Music Sampling And The De Minimis Defense: A Copyright Law Standard, 19 Uic Rev. Intell. Prop. L. 310 (2020), Adam Baldwin
Music Sampling And The De Minimis Defense: A Copyright Law Standard, 19 Uic Rev. Intell. Prop. L. 310 (2020), Adam Baldwin
UIC Review of Intellectual Property Law
No abstract provided.
The Yeezy Boost 350 Copyright Registrations: Did Kanye West Turn Justice Breyer's Fear Into A Reality?, 19 Uic Rev. Intell. Prop. L. 244 (2020), Dorien Clark
UIC Review of Intellectual Property Law
In the world of fashion, few have been able to gain copyright protection for their most ambitious and intricate designs. The useful article prohibition has long haunted designers and has left them with less desirable forms of protection, such as design patent or trade dress protections. Sympathetic to the artistic nature of many useful article designs, courts crafted varying standards to allow copyright protection for artistic aspects separable from the useful article. The Supreme Court articulated a new separability standard in Star Athletica v. Varsity Brands, which introduced a new chapter of copyright protection for useful articles. Although the standard …
Ncaa Down For The Count? New State Legislation Threatens Collegiate Sports As We Know It, 19 Uic Rev. Intell. Prop. L. 346 (2020), Joe Nelson
UIC Review of Intellectual Property Law
Since the 1950s, the NCAA’s amateurism shield has served as a stalwart protector in combatting litigation from athletes and coaches within its purview. They have faced many lawsuits since that time, with the overwhelming majority failing. As this comment shows, complaints have been of a wide variety such as antitrust, employment, and state action litigation. The amateurism principle was their defense in each of those situations. But now, many states have recently begun passing legislation that would allow student athletes to obtain compensation, in more ways than one. These statutes are a shot through the heart of the amateurism principle, …
The New Approaches To Digital Anti-Piracy In The Entertainment Industry, 19 Uic Rev. Intell. Prop. L. 75 (2019), Igor Slabykh
The New Approaches To Digital Anti-Piracy In The Entertainment Industry, 19 Uic Rev. Intell. Prop. L. 75 (2019), Igor Slabykh
UIC Review of Intellectual Property Law
This article is about digital anti-piracy. The entertainment industry has been combating piracy over the internet for the last 40 years. This article gives an overview of the digital anti-piracy approaches, analyzes the reasons why people commit piracy, demonstrates the disappointing results of the current state of anti-piracy, and offers new approaches that may help to reduce digital piracy.
Changing The Ncaa’S “Year-In-Residency” Rule: Narrowing Supreme Court Precedent From Below, 53 Uic J. Marshall L. Rev. 1085 (2019), Evan Kanz
UIC Law Review
No abstract provided.
Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney
Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney
UIC Law Review
No abstract provided.
If It's In The Game: Is There Liability For User-Generated Characters' Likeness?, 16 J. Marshall Rev. Intell. Prop. L. 291 (2017), Jason Zenor
UIC Review of Intellectual Property Law
In cases like Keller and No Doubt v. Activision, the federal courts held that the use of celebrity's likeness was a violation of the right of publicity. In response, EA Sports suspended production of college sports games. But most games still allow for gamers to create their own avatars. With game systems now being connected, gamers can download user-created content many of which will have the likeness of famous people, thus circumventing the holdings in Keller and No Doubt. Accordingly, this article examines how this type of user generated content fits within the law of appropriation. First, this article discusses …
Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford
UIC Review of Intellectual Property Law
Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the …
The Ambush At Rio, 16 J. Marshall Rev. Intell. Prop. L. 350 (2017), Adam Epstein
The Ambush At Rio, 16 J. Marshall Rev. Intell. Prop. L. 350 (2017), Adam Epstein
UIC Review of Intellectual Property Law
The purpose of this article is to explore the role of the International Olympic Committee’s (IOC) codified marketing policy known as Rule 40 which emerged to prevent ambush marketing of its biennial events. Rule 40 has quickly evolved into a controversial rule for athletes, coaches and sponsors alike who are involved in the Olympic Movement. The IOC believes that social media is a ubiquitous threat to its intellectual property during the Olympic Games akin to traditional print and television ambush marketing campaigns. As a result, the 2016 Rio De Janeiro (Rio) Summer Olympic Games represented the most intense clash between …
Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja
UIC Review of Intellectual Property Law
This article considers the current licensing regime used to control the exploitation of copyright protected works within the online interactive entertainment sector—particularly virtual worlds including multiplayer online games—to further author new copyrightable works. This article aims to identify the gaps that have arisen on account of the nature of these subsequently authored works and the potential for their exploitation under the said licensing regime. Users and the proprietors of virtual worlds often end up in conflict over the monetization and commercialization of user generated content on account of contradictory yet overlapping rights created by copyright law when controlled by contract …
Gotta Catch . . . A Lawsuit? A Legal Insight Into The Intellectual, Civil, And Criminal Battlefield Pokémon Go Has Downloaded Onto Smartphones And Properties Around The World, 16 J. Marshall Rev. Intell. Prop. L. 329 (2017), Andrew Rossow
UIC Review of Intellectual Property Law
Our society, and its millennials, have entered the digital age, whereby almost everything is conducted and perpetuated through electronic devices. Smartphones have dominated the mobile device market and have allowed its users to download mobile applications and games to the device. Pokémon Go, is the latest trend in mobile gaming and the start to a bright future of augmented reality. But what happens when augmented reality meets the physical world? Do our modern-day statutes and laws extend into the cyberspace that it is augmented reality? What happens when a user of an augmented reality game enters onto the property of …
Living To See His Glory Days: Why Hamilton's Lin Manuel Miranda Is Not Liable For Copyright Infringement, But Other Writers And Composers Are, 17 J. Marshall Rev. Intell. Prop. L. 92 (2017), Deidre Davis
UIC Review of Intellectual Property Law
This comment discusses the idea of individuals receiving preliminary permissions of copyrighted works before using the work as a component of their own. By doing so, an individual has a better opportunity to avoid copyright infringement. Lin Manuel Miranda, the writer of the musical Hamilton, took preliminary measures to avoid copyright infringement, and these measures will be examined throughout this comment. Copyright infringement cases and other infringement cases will be addressed, as well as a proposal to simplify obtaining preliminary permissions in copyrighted works.
Trying On Trade Dress: Using Trade Dress To Protect The Look And Feel Of Video Games, 17 J. Marshall Rev. Intell. Prop. L. 109 (2017), Benjamin Lockyer
Trying On Trade Dress: Using Trade Dress To Protect The Look And Feel Of Video Games, 17 J. Marshall Rev. Intell. Prop. L. 109 (2017), Benjamin Lockyer
UIC Review of Intellectual Property Law
With the creation of video games for smart phones, video games are some of the most accessible forms of entertainment on the market. What was once only an attraction inside the designated location of arcade halls, is now within the grip of nearly every smart phone user. With new game apps for smart phones going viral on a regular basis, the video game industry has become one of the most profitable in the entertainment realm. However, the industry's overall success has also led to increased competition amongst game developers. As a result, competing developers create near exact copies of highly …
If The Shoe Fits: The Effects Of A Uniform Copyright Design Test On Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017), Elise Ruff
UIC Review of Intellectual Property Law
Fashion design is a revolutionary walking art form, becoming increasingly accessible to consumers. The increase in accessibility is, in part, due to the presence of technology and social media platforms. While this allows the consumer to have access to a designer’s goods at unprecedented levels, this has led to an increase in claims of copyright infringement against large fashion corporations. This comment discusses how local-based fashion designers have lodged complaints against large fashion corporations of stealing their designs. Additionally, this comment discusses a recent United States Supreme Court case Star Athletica, L.L.C., v. Varsity Brands, Inc., and the implications of …
Candidates Shouldn’T “Cruz” Through Political Campaigns: Why Asking For Permission To Use Music Is Becoming So Important On The Campaign Trail, 16 J. Marshall Rev. Intell. Prop. L. 457 (2017), Courtney Willits
UIC Review of Intellectual Property Law
Music has always been used by candidates running for political office as a way to advertise themselves to potential voters. Throughout the years, a battle between political candidates and musicians has grown due to problems caused by music licensing. Currently, an issue in law exists between politicians who obtain proper music licenses versus musicians who have a right of publicity, stating they do not want to be associated with certain candidates' political views. This comment analyzes the recent copyright case against former 2016 presidential candidate Ted Cruz, and the role it could play in this area of law. Additionally, this …
Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin
Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin
UIC Review of Intellectual Property Law
The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.
The Invisible Defense Against Music Piracy, 15 J. Marshall Rev. Intell. Prop. L. 297 (2016), Paige Clark
The Invisible Defense Against Music Piracy, 15 J. Marshall Rev. Intell. Prop. L. 297 (2016), Paige Clark
UIC Review of Intellectual Property Law
Music piracy has continued to affect the music industry. Specifically, music-streaming service providers that thought they were protected, such as Spotify, have suffered from music piracy as a result of innovative illegal downloading websites. Music pirates have created illegal downloading websites that provide detailed and efficient ways to download and sync music from Spotify without paying for the premium services or membership fees. As a result, illegal downloading has had an adverse impact on various music-streaming service providers’ copyrights. To obtain protection and diminish music piracy and liability to music artists and labels, these music-streaming sites should give thought to …
From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris
UIC Review of Intellectual Property Law
This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline
UIC Review of Intellectual Property Law
No abstract provided.
Let It Go? A Comparative Analysis Of Copyright Law And Enforcement In The United States Of America And China, 15 J. Marshall Rev. Intell. Prop. L. 584 (2016), Kevin Fleming
UIC Review of Intellectual Property Law
Cheap, knockoff designer items have flooded the streets of China for years. These products infringe on the copyrights of the manufacturers but are rarely enforced. China has attempted to revise their copyright laws to offer more protection to copyright owners, but this has not yet occurred. This comment examines two recent occurrences of copyrighted works in the United States of America being infringed upon in China. This comment examines the how a court or tribunal would rule applying American copyright law and Chinese Copyright law, while also examining the possible remedies that could result. This comment also proposes possible solutions …
Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray
UIC Review of Intellectual Property Law
The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo …
Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi
UIC Review of Intellectual Property Law
While the current world order of independent nation-states may seem like a natural state that has existed for centuries, in reality, it is a relatively new development that was forged after the demise of imperial rule. Yet, the nation-state is the foundational entity of our current international political and legal framework. International treaties and relations are structured around the nation-state, which is recognized as the core entity in which rights are vested and on which obligations are imposed. This prioritization of the nation-state leads to issues when we consider the repatriation of cultural heritage, particularly in light of the history …
The Depiction Of Trademarked Landmarks In Fictional Films: Protecting Filmmakers From Infringement And Dilution Liability, 15 J. Marshall Rev. Intell. Prop. L. 676 (2016), Joel Timmer
UIC Review of Intellectual Property Law
Many well-known landmarks, like the Empire State Building, are protected as trademarks. This trademark status may be used by trademark holders to attempt to control or limit the depictions of those landmarks in artistic works like feature films. Using the trademarked Hollywood Sign as an example, this article examines the status of landmarks as trademarks as well as the protections trademark holders have over unauthorized depictions of trademarked landmarks through actions for trademark infringement or trademark dilution. Concluding that trademark dilution is more likely the proper cause of action for the unauthorized depiction of trademarks in films, this article then …
That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016), Matthew Parker
That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016), Matthew Parker
UIC Review of Intellectual Property Law
Tattoos have experienced a significant rise in popularity over the last several decades, and in particular an explosion in popularity in the 2000s and 2010s. Despite this rising popularity and acceptance, the actual mechanics of tattoo ownership and copyright remain very much an issue of first impression before the courts. A series of high-priced lawsuits involving famous athletes and celebrities have come close to the Supreme Court at times, but were ultimately settled before any precedent could be set. This article describes a history of tattoos and how they might be seen to fit in to existing copyright law, and …
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
UIC Review of Intellectual Property Law
No abstract provided.
Blurring The Line: An Examination Of Technological Fact-Finding In Music Copyright Law, 16 J. Marshall Rev. Intell. Prop. L. 115 (2016), Jeremy Aregood
Blurring The Line: An Examination Of Technological Fact-Finding In Music Copyright Law, 16 J. Marshall Rev. Intell. Prop. L. 115 (2016), Jeremy Aregood
UIC Review of Intellectual Property Law
The result of Williams v. Bridgeport Music, Inc. highlights a major issue in musical plagiarism factfinding. Different circuits employ different tests for fact-finding, however all the tests involve some form of objective criteria that is guided by expert witnesses who perform musical analyses. Because expert witnesses influence their analysis with their own subjective interpretations of the music, and because juries are not fully aware of the distinction between objective and subjective analysis, juries have a distinct possibility of returning a verdict that contradicts the evidence and public policy. New advancements in technology and computation may assist courts in evaluating the …