Law Commons^™

Framing The Issue: Avoiding A Substantial Similarity Finding In Reproduced Visual Art, Rachael Wallace

Washington Journal of Law, Technology & Arts

Copyright issues are litigated in the United States every day. Yet attorneys representing visual artists settle suits more often when those suits involve the potential of a copyright infringement, partly because of the relatively few decisions on the matter. In Harney v. Sony Pictures, Inc., the First Circuit found that a copyrighted photograph could be copied to look nearly the same as the original because the copied elements were each unprotectable under the copyright. The copyright protected only those elements of the photo that were the result of the photographer’s choices in depicting the subject. The court held that …

Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti

Washington Journal of Law, Technology & Arts

This Article advocates consideration of the United Kingdom’s jurisprudence as persuasive authority for implementation of a new framework for analysis of subject matter eligibility of computer-implemented inventions in light of the United States Supreme Court’s ruling in Alice Corp. v. CLS Bank International. The U.K.’s patent jurisprudence provides a more developed and clear analytic framework that conforms to the policy objectives of Alice, while also avoiding the conceptual problem of determining what is “abstract.” The result is a more useful and concrete analytic framework that also reduces conflicts of laws, and thus can help spur innovation across the …

Hologram Images And The Entertainment Industry: New Legal Territory?, Stephen Anson

Washington Journal of Law, Technology & Arts

Modern technology allows for the holographic reproduction of a dead artist’s likeness, with the ability to perform past classic works or new original artistic works. The Coachella Valley Music and Arts Festival performance by the “holographic” Tupac Shakur in April 2012 dazzled an excited crowd and made the idea of bringing back deceased musical celebrities or other public personalities a reality. The use of such holographic performances is in its infancy, but the potential for possible intellectual property infringement is real and concerns the areas of copyright, trademark, and–most importantly–the right of publicity, which protects a celebrity’s name, likeness, voice …

Fixed Perspectives: The Evolving Contours Of The Fixation Requirement In Copyright Law, Evan Brown

Washington Journal of Law, Technology & Arts

To qualify for copyright protection under the current Copyright Act, a work must, inter alia, be fixed in a tangible medium of expression. This requirement is easily met when a work is embodied in a historical medium of mass expression like a printed book, photograph, or audio recording. However, when an author departs from such established media of fixation, the requirement can create a more significant barrier to copyrightability. Three decades ago, digital media provided one such challenge. Today, authors and lawyers alike are pushing the conceptual boundaries of communicative media, and this has led to some controversial recent …

Discovering The Undiscoverable: Patent Eligibility Of Dna And The Future Of Biotechnical Patent Claims Post-Myriad, Alex Boguniewicz

Washington Journal of Law, Technology & Arts

In June 2013 the Supreme Court held that naturally occurring human DNA cannot be patented, but synthetically created DNA is patent-eligible. Though a major victory for patients’ rights, the holding of Association for Molecular Pathology v. Myriad Genetics appears to be the latest in a series of restrictions on patents and the human body, much to the annoyance of biotechnology companies. However, this case should not be viewed as the final word in patenting “natural phenomena.” Patent claims of genetic material are still viable when the claim details a new and useful improvement on the naturally occurring product or an …

3d Printers, James Barker, Nicholas Pleasants, Peter Montine, Shudan Zhu

Technology Law and Public Policy Clinic

A preliminary report, addressing potential market disruption, the state of the law, and recommendations on future legislative action regarding consumer-grade 3D printing.

Copyright And 3d Printing, James Barker

Technology Law and Public Policy Clinic

The implications of 3D printing are manifold, with some commentators anticipating permanent market disruption in the massive (and ill-defined) field of small physical things. I begin this paper by asserting that the opportunities afforded by 3D printing are so attractive that it is a mere matter of time before an explosion of use; but that the diffusion of manufacturing to the consumer level is poised to put individual end-users in uncomfortably close contact with intellectual property law.

By analogy to the physical CD-distribution model, and the ways in which it broke down in the Napster era, (and with sensitivity to …

Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu

Washington International Law Journal

Beginning in 2008, the Supreme People’s Court of China started publishing the Annual Report on Intellectual Property Cases each April. By summarizing and reviewing intellectual property cases recently decided, the annual reports cover legal issues of general guidance that are selected to reflect adjudication standards and methods, as well as legal policies endorsed by the Supreme People’s Court. This translation includes all 34 cases and 37 legal issues as set forth in the 2012 Annual Report, touching on patent law, trademark law, copyright law, competition law, and litigation procedure. Although China is not a common law country, these cases still …

Pacific Nortwest Perspective: The Impact Of The America Invents Act On Nonprofit Global Health Organizations, John Morgan, Veronica Sandoval

Washington Journal of Law, Technology & Arts

The Leahy-Smith America Invents Act of 2011 (AIA) makes fundamental changes to the legislative landscape governing patent law in the United States and will bring about corresponding changes in the manner in which inventors and attorneys address patent issues. While the law is newly implemented, inventors in all sectors of the economy are eager to formulate reactions to it. In this Article, we explore the effects of the AIA on nonprofit research organizations dedicated to global health and life sciences. We report the perspectives of counsel representing such organizations throughout the Pacific Northwest. We also consider the patent system, and …

Aereo And Cablevision: How Courts Are Struggling To Harmonize The Public Performance Right With Online Retransmission Of Broadcast Television, Sam Méndez

Washington Journal of Law, Technology & Arts

Americans increasingly turn to the computer instead of the television to gain access to their favorite shows. With this in mind, Aereo allows its subscribers to stream broadcast television content to their computers, but does not compensate the broadcasters for these retransmissions. The broadcasters argue this violates their public performance right under the Copyright Act’s Transmit Clause, but because of Aereo’s curious technology platform, in which thousands of tiny antennas are each assigned to a unique subscriber, infringement is uncertain. The Supreme Court will soon hear American Broadcasting Companies, Inc. v. Aereo, Inc., arising out of the Second Circuit, …

Crowdfunding's Impact On Start-Up Ip Strategy, Sean M. O'Connor

Articles

This Paper proceeds in Part I by reviewing the crowdfunding landscape and its potential benefits for start-ups, especially with regard to IP strategies. Part II examines the provisions of the JOBS Act and argues that the disclosure requirements of the CROWDFUND Act title will make the latter less attractive than other start-up financing options and may negatively affect start-ups’ IP strategies, in part by risking the disclosure of enabling aspects of patentable inventions.

Part III explores issues arising from the widespread involvement of many potentially unsophisticated investors who have no connection to the start-up. This contrasts with current unsophisticated investors …