Law Commons^™

International Fans Crafting Fan Merchandise For U.S. Musicians: A Trademark Infringement Danger Zone, Gabriella Fernandez

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the early 2010s, the term “fandom” gained popularity among teenagers who were deeply devoted to their favorite musicians. The term “fandom” refers to communities of fans who come together through social media to express their shared admiration for a particular artist. When individuals unite to celebrate their mutual love for a musician, a genuine sense of connection and community is established. Through discussions about their shared passion for the artist, they often discover common interests and experiences that go beyond the music, fostering authentic friendships.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website …

Tik Tok And Universal Music Group’S Licensing Battle, Sara Casey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A month-long standoff between Universal Music Group (“UMG”) and TikTok persists after combative licensing negotiations have continuously failed. This stalemate led to the removal of UMG’s music from the platform on February 1, 2024, silencing thousands of videos featuring UMG’s music and, in turn, drastically reducing content creators’ music options for new clips. The effects of the broken partnership have materialized, but the extent of the fallout is unclear, as some videos using UMG recordings appeared to be unaffected, while others, such as those featuring tracks by UMG artists Taylor Swift and Drake, have been silenced, accompanied by the statement …

Cardozo Aelj Author Interview Series: Aman K. Gebru, Ivana Petani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Aman K. Gebru is an Assistant Professor at the University of Houston Law Center, where he teaches courses on contracts and intellectual property law. Professor Gebru’s research examines issues at the intersection of intellectual property law, innovation policy, and knowledge governance from domestic and global perspectives. His recent projects examine how intellectual property laws deal with collectively developed creative expression, such as memes, dance crazes, hackathons, and indigenous (traditional) expression.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 14, 2024. The original post can be accessed via the Archived Link button above.

Do Patents Drive Investment In Software?, James Hicks

Northwestern University Law Review

In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …

Protecting The Rights Of The Researcher In E- Scientific Research, سهيل الفتلاوي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Paperbacks industry has experienced great development industry through modern electronic means. When their reach this stage of development and the arrival of Paperbacks to the reader via computers, fired by the E-Research or electronic or digital library, which can be read via computer or tablet computer or mobile phone. Which became possible we can carry thousands of researchs in a small device and read researchs in a simple and easy access to information very quickly. And facilitate access to E-Researchs in an hour issued to the reader without the trouble, which spread the circle of human knowledge and scientific …

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Incremental Improvement Of The Patentability Standard Of Nonobviousness, Kayla Siletti Brown

Fordham Law Review

Patents incentivize innovation, but the face of innovation has changed over the past several decades. Patent law is adapting to the radical growth of the pharmaceutical and biotechnological industries, which produce drugs and biologics respectively. Research and development in these fields is largely incremental—new products are often derived from existing products. However, patents do not protect “obvious” improvements, those that anyone skilled in the relevant scientific field could have discovered through predictable, routine work. The line between incremental R&D and routine, obvious improvements is difficult to draw. The U.S. Court of Appeals for the Federal Circuit and the Patent Trial …

Calculating The Harms Of Political Use Of Popular Music, Jake Linford, Aaron Perzanowski

Scholarly Publications

When Donald Trump descended the escalator of Trump Tower to announce his 2016 presidential bid, Neil Young's "Rockin' in the Free World" blared from the loudspeakers. Almost immediately, Young's management made clear that the campaign's use of the song was unauthorized. Neil Young was not alone. Trump drew similar objections from dozens of artists during his first two presidential bids. But as a matter of copyright law, it is unclear whether artists can prevent their songs from being played at campaign rallies.

Putting the intricacies ofcopyright licensing aside, what motivates artists to object to the use of their songs by …

Fair Use In The Us Redux: Reformed Or Still Deformed?, Jane C. Ginsburg

Faculty Scholarship

In 2019, Professor Ginsburg delivered the Distinguished Visitor in Intellectual Property Lecture at the Faculty of Law, National University of Singapore. Titled “Fair Use in the US: Transformed, Reformed, Deformed?”, the lecture explored US caselaw applying the statutory fair use exception, highlighting its excesses and apparent rebalancing. Four and half years (and a pandemic) later, the Supreme Court has rendered decisions in two fair use cases (Google v Oracle; Andy Warhol Foundation v Goldsmith). Together, these controversies prompt inquiry whether the Supreme Court has redrawn the landscape of US fair use and copyright law, expanding fair use …

Copyright's Public Reliance Interests, Bo S. L. Kim

Washington Law Review

Courts are increasingly invoking copyright law’s “scenes a faire” doctrine, which precludes infringement liability for copying typical or standard elements in a copyrighted work. But judges and commentators only cursorily discuss why certain elements constitute scenes a faire. Alternatively, they characterize the doctrine as merely an extension of other copyrightability doctrines. The result is doctrinal inconsistency in how scenes a faire applies and theoretical disagreement about why the doctrine exists.

This Article advances a “public reliance interests” theory of scenes a faire that provides descriptive clarity to the doctrine and highlights its underexplored importance to copyright law writ large. Drawing …

When All Else Fails: The Doctrine Of Foreign Equivalents As A Bar To Cultural Misappropriation, Stephanie H. Soh

William & Mary Law Review

This Note argues that under trademark law, the doctrine of foreign equivalents can be utilized to prevent some aspects of legally enforced cultural misappropriation. While it would be impossible to solve cultural misappropriation in one written piece, this Note proposes that the doctrine can serve to prevent applicants from obtaining trademark protections for certain foreign words.

Part I of this Note provides background on cultural misappropriation and the doctrine of foreign equivalents. Part II argues why the doctrine of foreign equivalents is poised to solve some of the harms of cultural misappropriation both in its structure and purpose. Part III …

Communal Authorship, Aman K. Gebru

University of Richmond Law Review

A literary or artistic expression created by an individual author fits neatly in the copyright system. Many of the rules were developed with the sole author and a distinct work in mind. Given this start, copyright law struggles to govern expressions generated by teams. But even in such scenarios, joint authorship rules, which were developed relatively recently, have addressed complicated ownership questions. In contrast to solo- and team-authored works, the copyright system fails in a third category, what this Article labels “communal authorship.” This Article describes communal authorship as a subset of mass-authored works having the key features of numerosity, …

Farming In The Software Age: Interoperability & Provincial Legislation, Anthony D. Rosborough, Carlo Dade

Reports & Public Policy Documents

In recent years, while governments have tried to create new industries in the West, an economic and innovation champion of the agricultural industry was in significant danger of being lost. The agricultural equipment manufacturing, or shortline, sector is a small but important employer, exporter and economic foundation in mostly rural communities of the Canadian prairies. The industry, and the jobs, innovation and exports that it engenders, had faced an existential threat from the abuse of copyright law by mostly foreign manufacturers of tractors and combines. This endangered not just the shoreline industry, but also potentially the future of sustainable agriculture …

Trinity Western University Decisions And Engineers’ Equity, Diversity, And Inclusion Obligations Under The Statutory Public Interest Mandate, Michelle Liu, Vanessa Matta

Canadian Journal of Law and Technology

Engineers create technologies but do not sufficiently care for their biased and inequitable outcomes despite the engineering profession’s statutory mandate to protect the public interest. The engineering and legal professions’ similar admission processes and statutory provisions mandating the protection of public interest may justify applying the Supreme Court of Canada’s interpretation of the legal profession’s public interest mandate in the Trinity Western University decisions to the engineering profession. The Supreme Court’s interpretation centres on equal access to the profession, diversity within its membership, and protection of 2SLGBTQ+ persons. The work begins by setting out the definitions and challenges of equity, …

Legal Framework For The Use Of Artificial Intelligence (Ai) Technology In The Canadian Criminal Justice System, Gideon Christian

Canadian Journal of Law and Technology

This article seeks to identify and examine critical issues arising from the deployment and use of AI recidivism risk assessment tools in the Canadian criminal justice system. It commences with the historical evolution of these tools in the criminal justice system, tracing their development from the first generation to the emergence of AI-driven risk assessments. By examining the progression of risk assessment tools from their origins to the current AI-powered systems this research aims to provide a comprehensive understanding of the challenges and opportunities that these tools present. The article then delves into crucial issues such as algorithmic bias, highlighting …

Legal And Ethical Challenges Raised By Advances In Brain-Computer Interface Technology, Colin Conrad, Carla Heggie

Canadian Journal of Law and Technology

Brain-computer interfaces (BCI) consist of hardware and software that allow humans to control computers with their brain signals alone. Though these technologies are not new, existing approaches to BCI are either very limited in their capabilities or require highly invasive surgery. However, BCI has recently received increased attention due to advances that enable enhanced usability with less invasive approaches. Such advances could radically change the acceptance of the technology and BCI might become commonplace in the coming decades. In this article, we provide a technology scholar’s perspective on how these recent advances in BCI present new legal and ethical considerations. …

More Than ‘‘Responsible Ai” Bridging Artificial Intelligence Systems (Ais) And Aisystems Ethics Into Practice, Ruth Bankey

Canadian Journal of Law and Technology

This article reflects on the question ‘‘how should we approach the ethics of AI and technology?” through the example of how the Canada Revenue Agency (CRA) is working within this space to develop its Artificial Intelligence Systems (AIS) Ethics Lifelong Learning and Professional Development Strategy. This strategy is connected, but also acts as a critical counterpoint, to approaches to AI governance and accountability that are reliant on a notion of ‘‘Responsible AI”. In these contexts, responsible AI is understood as the regulatory adoption of ‘‘rules” diffused through a normative structure of hierarchical authority within the organization or business. Rather, this …

Usaid Response To Ostp Memo, 2022: Public Access Plan (March 2024)

Copyright, Fair Use, Scholarly Communication, etc.

USAID response to OSTP memo, 2022: Public Access Plan (March 2024)

Pushing A Square Pin Into A Round Hole? Intellectual Property Challenges To A Sustainable And Circular Economy, And What To Do About It, Irene Calboli

Faculty Scholarship

It is old news that the world is facing growing environmental problems related to industrial manufacturing and waste management. Finally, consumers are demanding change due to the increasing threat of climate change, and industries are being forced to adapt. Repairing, reselling, upcycling, and recycling existing products are key activities to promote sustainability and a circular economy, but current intellectual property (IP) rules may stand in the way when these activities are not conducted by, or with the consent of IP owners. This opinion argues that IP cannot be used to prevent a greener and more sustainable economy. Instead, it needs …

Calculating The Harms Of Political Use Of Popular Music, Jake Linford, Aaron Perzanowski

Articles

When Donald Trump descended the escalator of Trump Tower to announce his 2016 presidential bid, Neil Young’s “Rockin’ in the Free World” blared from the loudspeakers. Almost immediately, Young’s management made clear that the campaign’s use of the song was unauthorized. Neil Young was not alone. Trump drew similar objections from dozens of artists during his first two presidential bids. But as a matter of copyright law, it is unclear whether artists can prevent their songs from being played at campaign rallies.

Loyola Patent Program Info Session, Cardozo Intellectual Property Law Society (Ipls), Cardozo Women In Tech Law

2023–2024 Flyers

No abstract provided.

Govt Publications Must Give Credit Where Due, Aparajita Lath

Popular Media

Extract:

...[The] concept of moral rights applies not only to highly creative works of art or fiction but also to any original work, including original policy and academic writing, whether legal, economic, political, or any other. This concept of moral rights applies not only to highly creative works of art or fiction but also to any original work, including original policy and academic writing, whether legal, economic, political, or any other. In the recent past, several government bodies have borrowed from research published by individuals in newspapers in their reports and policy decisions.... While the government has benefited from individual …

Cardozo Aelj Author Interview Series: Matthew J. Mitten, Ivana Petani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Matthew J. Mitten is the Professor of Law and Executive Director of the National Sports Law Institute at Marquette University Law School. Professor Mitten is a leading sports law scholar and has testified before a U.S. Congressional joint subcommittee, the Senate Judiciary Committee, and the Senate Commerce Committee, as well as the Knight Commission on Intercollegiate Athletics, on college sports law issues.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 27, 2024. The original post can be accessed via the Archived Link button above.

Intellectual Property & Information Law Program Ip+Il Program's Distinguished Speaker Series: Paul Levitz, Cardozo Intellectual Property & Information Law Program

2023–2024 Flyers

No abstract provided.

A Degree Of Pro-Ip Preference: An Empirical Study Of The Relationship Between Federal Judges' Undergraduate Programs And Their Trade Secret Decisions, Christopher P. Dinkel

West Virginia Law Review

While the previous literature has found that certain background characteristics of federal judges, such as their race, gender, and ideology, statistically correlate with case outcomes, little prior scholarship has examined the connection between judges’ educational backgrounds and their judicial decision-making. The empirical study that this Article presents fills a critical gap in the literature by statistically analyzing the relationship between federal judges’ undergraduate degrees and their rulings in cases related to trade secrets, a highly valuable form of intellectual property (IP) for many companies. Notably, it finds that if a trade secret case is assigned to a judge who possesses …

Cardozo Aelj’S Spring 2024 Symposium Explores The Implications Of The Warhol And Bad Spaniels Decisions On Copyright And Trademark Law, Cardozo Arts & Entertainment Law Journal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Thank you to everyone who attended and participated in the Cardozo Arts & Entertainment Law Journal’s spring symposium, “Barking Up the Wrong Tree: An Exploration of Intellectual Property Law Protections Following Bad Spaniels and Andy Warhol.” AELJ is proud to have hosted such a successful event, highlighting a range of thoughtful and engaging scholarship.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 25, 2024. The original post can be accessed via the Archived Link button above.

Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke

Villanova Environmental Law Journal (1991 - )

No abstract provided.

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Surprising Result Of The Supreme Court Case That Allowed Slurs In Brands, Michael Goodyear

Other Publications

No abstract provided.