Law Commons^™

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

In Support Of Industry-Conscious Disclosure Standards For Pharmaceutical And Biotechnology Patents, Mark T. Roundtree

Texas A&M Law Review

One of the fundamental requirements for a patent application is a disclosure of the invention via an accurate written description with sufficient detail to enable the recreation of the invention. The U.S. patent system has historically reviewed patent applications from various industries with a uniform set of requirements and standards. However, the biotechnology and pharmaceutical industries operate on notably extended product development timelines and face unique administrative pressures related to their products when compared with other industries. In response to these pressures, biotechnology and pharmaceutical companies have traditionally applied for patent protections through liberal use of genus claims and other …

Intellectual Property And The Myth Of Nonrivalry, James Y. Stern

Notre Dame Law Review

The concept of rivalry is central to modern accounts of property. When one per-son’s use of a resource is incompatible with another’s, a system of rights to determine its use may be necessary. It is commonly asserted, however, that informational goods like inventions and expressive works are nonrivalrous and that intellectual property rights must therefore be subject to special limitation, if they should even exist at all. This Article examines the idea of rivalry more closely and makes a series of claims about the analysis of rivalrousness for purposes of such arguments. Within that frame-work, it argues that rivalry should …

Can You Smell A Lawsuit Cooking? Possible Risks With The Rock’S Trademarks, Cameron Brody

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Dwayne Johnson is one of the most recognizable and successful working actors on the planet. For an entire generation, he is synonymous with smash-hit franchises such as Baywatch, Tooth Fairy, and Jungle Cruise. In fact, between 2019 and 2021, he was the highest-paid actor in Hollywood and raked in $270,000,000 in 2022 alone. Further, he is a co-founder of Teremana Tequila, which holds an estimated value of $3.5 billion, putting him on track alongside George Clooney and Ryan Reynolds as success stories in the celebrity alcohol market. His most recent endeavor, however, may put him on track towards a series …

Shades Of Green: Navigating The Legality Of Environmental Marketing, David Zack

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A majority of Americans are concerned about climate change.1 This fear seems to be a driver of consumer spending decisions. According to a study by PDI Technologies, 68% of Americans are willing to spend more on environmentally sustainable products than their competitors that are not sustainable.2 This number has steadily grown over the past two years.3 This figure is even greater for key marketing demographics. 77% of Gen Z, 72% of millennials, and 76% of parents would be willing to do so. Because of this, companies have increasingly sought to position and market themselves as green companies.

This post was …

Five Suggestions Towards User-Centered Data Repositories In The Social Sciences, Elias Herman Kruithof, Christophe Vanroelen, Laura Van Den Borre

Copyright, Fair Use, Scholarly Communication, etc.

Data repositories for the social sciences are facing some discipline-specific challenges. This essay provides an overview of the four key challenges. In addition, five suggestions are made to strengthen domain-specific online data repositories in the social sciences, supported by good practices. Using a user-centered approach, these suggestions aim to further open up the social sciences data landscape. The essay first addresses insights regarding the sharing of quantitative and qualitative data in light of the specific needs and issues regarding these two types of data. Thereafter, we suggest (i) ‘data labs’ for novice data re-users, (ii) advocate for the repository as …

Constitutional Rights Of Artificial Intelligence, Mizuki Hashiguchi

Washington Journal of Law, Technology & Arts

On February 8, 2022, the Italian Parliament approved constitutional amendments to protect the environment. A member of Parliament stated that the environment is an element of Italy, and that safeguarding the environment means safeguarding humans. The need to protect the environment seems to have become a critical component of public conscience. Likewise, if society perceives that artificial intelligence is vitally important for humanity, does constitutional law allow constitutional rights for artificial intelligence to be created?

Extending constitutional rights to artificial intelligence may be consistent with the jurisprudential history of rights. Constitutional rights have undergone metamorphosis over time to protect new …

Rembrandt’S Missing Piece: Ai Art And The Fallacies Of Copyright Law, Eleni Polymenopoulou

Washington Journal of Law, Technology & Arts

This article discusses contemporary problems related to Artificial Intelligence (AI), law and the visual arts. It suggests that the fallacies of copyright law are already visible in legal conundrums raised by AI in the creative sector. These include, for instance, the lack of uniformity in relation to creations’ copyrightability, the massive scale of copyright infringement affecting visual artists and the creative industry, and the difficulties in implementing media regulation and cyber-regulation. The deeply cherished ‘human authorship’ criterion that was sustained recently by a US Federal Appeals Court in Thaler, in particular, is a short-term solution to the legal challenges …

All Eyez On Rap & Hip-Hop: Analyzing How Black Expression Is Criminalized And The Language Of The Rap Act Of 2022, Maia Young

Washington Journal of Law, Technology & Arts

The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred. Black creative expression documents, preserves, and unifies cultural lived experiences, from a first-hand lens of those oppressed. Creative and artistic expression celebrates the myriad of stories that are a part of the collective Black experience. Yet, Black creative expression is now being weaponized by prosecutors …

Toward The Substitutionary Promise Of Ptab Review, Saurabh Vishnubhakat

Online Publications

Although administrative patent trial proceedings under the Leahy-Smith America Invents Act (AIA) have done much to improve the efficient reevaluation of patent validity, significant problems remain. Divergent burdens of proof among the United States Patent and Trademark Office (USPTO) and Patent Trial and Appeal Board (PTAB) and the U.S. district courts allow the agency to disregard prior judicial decisions about patent validity and for patents to be relitigated even after surviving judicial review. Divergent claim construction standards allow for similar arbitrage, and, although the USPTO has now aligned its claim construction approach with that of the courts through rulemaking, that …

Wipo Good Practice Toolkit For Collective Management Organisations 2021: Suggestions For Possible Amendment, Desmond Oriakhogba

Joint PIJIP/TLS Research Paper Series

Drawing examples from national and international legal instruments, and based on existing studies, this comment makes suggestions for possible amendment of the World Intellectual Property Organization’s Good Practice Toolkit for Collective Management Organisations 2021 (CMO Toolkit). The suggestions are for inclusion of good practices in the CMO Toolkit that can inform the regulation of CMOs to prevent them from constituting obstacles to open access non-commercial licensing and L&Es-enabled access for education and research. The suggestion also covers good practices that will prevent CMOs from impeding the smooth and effective development of artificial intelligence systems. Recommendations include protecting rightholders' ability to …

Unmasking Deepfakes: Navigating The Copyright Quagmire, Ben Gross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the ever-evolving landscape of digital technology, the emergence of deepfake technology has raised profound concerns, especially in the realm of copyright law. Deepfakes, sophisticated synthetic media created using artificial intelligence, can manipulate or replace existing content, often blurring the lines between reality and fiction.1 As these digital creations become more prevalent, questions surrounding their implications under copyright law have taken center stage.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 5, 2024. The original post can be accessed via the Archived Link button above.

Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Emojis: An Approach To Interpretation, Patricia Vilma Graham

UC Law SF Communications and Entertainment Journal

No abstract provided.

Has Ai Art Generated The Next Napster? Analyzing Civil And Criminal Liability For Prompt Marketplace Participants, Tyler Larson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Reinventing The Silver Screen… Again: The Copyright Licensing Implications Of Using Video Game Technology For Virtual Production On Film And Tv Sets, Nicholas M. Medellin

UC Law SF Communications and Entertainment Journal

No abstract provided.

Foreword, Deborah W. Denno, Erica Valencia-Graham

Fordham Law Review

This Foreword overviews an unprecedented Symposium on these wide ranging topics titled The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies. Hosted by the Fordham Law Review and cosponsored by Fordham University School of Law’s Neuroscience and Law Center on November 3, 2023, the Symposium brought together attorneys, judges, professors, and scientists to explore the opportunities and risks presented by AI, especially GenAI like ChatGPT. The discussion raised complex questions concerning AI sentience and personal privacy, as well as the future of legal ethics, education, and employment. Although the AI industry uniformly predicts ever more …

Fairness And Fair Use In Generative Ai, Matthew Sag

Fordham Law Review

Although we are still a long way from the science fiction version of “artificial general intelligence” that thinks, feels, and refuses to “open the pod bay doors,” recent advances in machine learning and artificial intelligence (AI) have captured the public’s imagination and lawmakers’ interest. We now have large language models (LLMs) that can pass the bar exam, carry on (what passes for) a conversation about almost any topic, create new music, and create new visual art. These artifacts are often indistinguishable from their human-authored counterparts and yet can be produced at a speed and scale surpassing human ability.

“Generative AI” …

Ip @ The U - April 2024, Jorge L. Contreras

Law School Historical Documents

Welcome to IP @ the U, a periodic newsletter for students, alumni, faculty and friends of the University of Utah College of Law's Program on Intellectual Property and Technology Law.

A Framework For Managing Disputes Over Intellectual Property Rights In Traditional Knowledge, Stephen R. Munzer

Michigan Journal of Race and Law

Major controversies in moral and political theory concern the rights, if any, Indigenous peoples should have over their traditional knowledge. Many scholars, including me, have tackled these controversies. This Article addresses a highly important practical issue: Can we come up with a solid framework for resolving disputes over actual or proposed intellectual property rights in traditional knowledge?

Yes, we can. The framework suggested here starts with a preliminary distinction between control rights and income rights. It then moves to four categories that help to understand disputes: nature of the traditional knowledge under dispute; dynamics between named parties to disputes; unnamed …

Slavery.Ai, Emile Loza De Siles

Washington and Lee Journal of Civil Rights and Social Justice

The artificial intelligence market is swarming. Supercharged start-ups, global tech giants, and increasingly algorithmic governments target diverse use cases with new and stunningly innovative AI applications coming online every day. Where people are the computational subjects of those algorithmic machinations, however, there is no law, present or effective, to protect them against great and propagating harms. Consequently, people become data production units, the commoditized of the Data Industrial Complex and unfree, unpaid inputs to AI production.

This Article shares a new and provocative vision. It theorizes that unregulated AI systems and uses are giving rise to an emergent form of …

Everything You Want: The Paradox Of Customized Intellectual Property Regimes, Derek E. Bambauer

UF Law Faculty Publications

Special interest groups share a dream: enacting legislation customized for, and hopefully drafted by, their industry. Customized rules created via legislative capture, though, are the worst-case scenario from a public choice perspective: they enable narrow interests to capture rents without generating sufficient societal benefits. American intellectual property (IP) law offers useful case studies in legislative capture: special interests have created their own rules three times in the past forty years with the Semiconductor Chip Protection Act, the Audio Home Recording Act, and the Vessel Hull Design Protection Act. Paradoxically, though, these customized IP systems have consistently disappointed their drafters: all …

Fashion Has No Function: Diminishing The Functionality Bar To Trademark Protection In The Fashion Industry, Seth Diasio

MC Law Review

The primary source of trademark law in the United States, The Lanham Act, outlines the requirements for trademark registration and protection. Marks which are distinctive, or that have acquired secondary meaning, can be registered on the Principal Register of the United States Patents and Trademarks Office (USPTO). Registered marks receive strong federal protection; however, those protections are unavailable to marks that are barred by the Act, but would otherwise meet the qualifications of registration. One of the strongest bars to registration is the functionality bar, which prevents registration of a functional mark regardless of whether it has a secondary meaning. …

The Judicial Method In Copyright, Shyamkrishna Balganesh

Faculty Scholarship

This Essay, delivered as the 2023 Brace lecture, examines the role of the real unsung heroes of the modern U.S. copyright system: the federal judiciary. For the longest time, discussions of copyright policy and reform in the U.S. have altogether neglected the role that courts are meant to play in working copyright’s substantive and procedural rules. These discussions have instead assumed a norm of passivity from courts, who are presumed to either engage in a mechanical application of the statute’s text to decide disputes or instead make the law incrementally in common law style. In this Essay, I argue that …

The Unbargained-For-Exchange In Copyright, Justin Ponds

MC Law Review

Copyright law in the United States is more than the letter "C" in a circle. The visual impression of someone clutching a book prevails in many minds. The use of the phrase "it's copyrighted" has become common. Many people consider a "copyright" to be "property." The true story of copyright law is so steeped in history - a great deal from England - that it makes even Betty White seem middle aged. This Article examines some of that history and compares mistaken connotations about "property" within the realm of contract law - a better association.

Consumerist Waste: Looking Beyond Repair, Roy Shapira

Michigan Law Review

A review of The Right to Repair: Reclaiming the Things We Own. By Aaron Perzanowski.

Revisiting The Federal Circuit En Banc, Ryan Vacca

Faculty Publications

The United States Court of Appeals for the Federal Circuit ("Federal Circuit") holds exclusive jurisdiction over patent appeals and plays a vital role in shaping patent law and policy in the United States. Since its inception in 1982, the Federal Circuit has used en bane review as a crucial method to develop patent law and policy. Until recently, the court had been a model for en bane review by frequently hearing patent cases en bane, addressing important questions for a wide range of stakeholders in the patent system, and freely inviting amici to participate in the en bane process. Through …

All For One, One For None: Arrington V. Burger King Worldwide And The Single-Entity Defense For Franchises, Tyler Nappo

Cardozo Law Review

Section 1 of the Sherman Antitrust Act (Sherman § 1) proclaims contracts, combinations, or conspiracies in restraint of trade or commerce to be illegal. Thus, for an agreement to fall within Sherman § 1’s boundaries, there must be a joining together of separate actors or entities. However, for over a century since the Sherman Act’s enactment, courts have struggled to draw the line between separate business entities and single entities. This distinction became more defined with the Supreme Court’s holding in Copperweld Corp. v. Independence Tube Corp. that parent companies are incapable of conspiring with wholly owned subsidiaries. But Copperweld …