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Full-Text Articles in Law
Robots As Pirates, Henry H. Perritt Jr.
Robots As Pirates, Henry H. Perritt Jr.
Catholic University Law Review
Generative AI has created much excitement over its potential to create new works of authorship in the literary and graphical realms. Its underling machine-learning technology works by analyzing the relations among elements of preexisting material in enormous databases assembled from publicly available and licensed sources. Its algorithms “learn” to predict “what comes next” in different types of expression. A complete system thus can become glib in creating new factual summaries, essays, fictional stories and images.
A number of authors of the raw material used by Generative AI engines claim that the machine learning process infringes their copyrights. Careful evaluation of …
One Small Step On Tiktok, One (Possibly) Giant Leap For The Dance Community: How Tiktok Spearheaded A Change In The Seemingly Stagnant Field Of Copyright Law, Sydney L. Solferino
One Small Step On Tiktok, One (Possibly) Giant Leap For The Dance Community: How Tiktok Spearheaded A Change In The Seemingly Stagnant Field Of Copyright Law, Sydney L. Solferino
Catholic University Journal of Law and Technology
No abstract provided.
Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray
Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray
Catholic University Journal of Law and Technology
The music business is no stranger to disruptive technology. The industry’s apparent comeback from the devastating downturn caused by illegal file sharing seems to have arrived just in time for what may be an even more disruptive technological phenomenon: artificial intelligence (“AI”). Much has been said about the implications of AI-generated music, ranging from issues of ownership, to rights of publicity. However, there has been surprisingly little discussion of infringement in the AI systems’ outputs. By examining the functionality of AI music generators through the lens of de minimis use case law, this paper will explain how the outputs of …
Copyright Policy As Catalyst And Barrier To Innovation And Free Expression, Amanda Reid
Copyright Policy As Catalyst And Barrier To Innovation And Free Expression, Amanda Reid
Catholic University Law Review
At its core, copyright is an innovation policy, a competition policy, and a free expression policy. Copyright seeks to balance incentivizing a public good with providing a private interest. Copyright’s purpose to catalyze creative expression and innovation is canonical; creativity and innovation are synergetic. Copyright is a means of promoting progress; copyright is not an end in itself. Much like freedom of expression and new innovations are not ends in themselves, copyright protection is not for its own sake. Freedom of expression is often heralded as a means of fostering democratic self-governance, truth, and happiness. Innovation is seen as a …
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Catholic University Journal of Law and Technology
No abstract provided.
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek
The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek
Catholic University Law Review
No abstract provided.
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
Catholic University Law Review
No abstract provided.
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
Starting in the 1990s, Federal policy has moved in the direction of a market-oriented approach towards sound recording rights, beginning with Congress’ decision to create a sound recording performance copyright in 1995. In 1998, Congress provided that most statutory royalty rates, including the rates paid by webcasters like Pandora Radio, would be set using a market-based “willing buyer, willing seller” (“WBWS”) standard. Since then, the WBWS standard has been applied in several rate setting proceedings, but complaints from webcasters that the rates were “too high” have led to Congressional intervention and, ultimately, to adoption of rates below market levels. Now, …