Law Commons^™

The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On February 20, 2026, the U.S. District Court for the Central District of California denied a motion to dismiss filed by Defendant William Morris Endeavor Entertainment (WME) in a copyright infringement claim brought forth by Plaintiff StudioFest, a production company. It is alleged that WME’s film Together infringed on the screenplay of the movie Better Half, whose copyright is owned by the Plaintiff. The Plaintiff only claimed a screenplay violation and alleged that in 2020, it sent the full script and synopsis to the agents of codefendants Dave Franco and Alison Brie as part of an offer to have them …

Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman

Akron Law Faculty Publications

• Innovation in Identification and Clinical Trials Testing of New Indications Yields Great Public Benefits but Requires the Incentive of Patent Protection.
• Section viii [skinny label statemetnts] was Never Intended to be a Safe Harbor for Infringement of Method of Use Patents.
• Allowing this Case to Proceed Past the Rule 12 Stage will not Deter Section viii Carve-Outs. 

Navigating Ownership & Access In Collaborative Groups: Understanding Copyright Law, Administrative Controls And Common Project Risks, Karley Downham

SACAD: Scholarly Activities

Collaborative groups, such as those in academic settings, often operate under a misconception that administrative control over shared digital files (e.g., Google Workspace permissions) equates to legal copyright ownership of creative content. This confusion frequently leads to internal disputes, contributor alienation, and project delays that can harm outcomes and participant well-being. The goal is to clearly define copyright law from file access administrative controls by providing an evidence-based framework to prevent and resolve ownership conflicts and foster healthier collaboration.

The poster will present core legal principles, emphasizing that U.S. copyright ownership defaults to creators and is not transferred by administrative …

Holding Isps Accountable? Secondary Liability And The Impact Of Cox V. Sony, Emma Steffes

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Supreme Court is currently considering a case that could significantly affect current secondary liability principles under copyright law: Cox Communications, Inc. v. Sony Music Entertainment. The case poses a deceptively simple question: asking when an internet service provider should be legally responsible for the illegal actions of its users? The answer could reshape the relationship between copyright owners, internet companies, and all online users.

Vetter V. Resnik: An International Dilemma, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Typically, copyright lawyers around the nation look to the Second Circuit, presiding over New York City, and the Ninth Circuit, similarly moderating Los Angeles, for pivotal intellectual property legal decisions. On January 12, 2026, however, the Court of Appeals for the Fifth Circuit released an opinion that has upended seemingly settled music publishing principles. Donald Passman’s textbook “All You Need to Know About the Music Business”, a source read by aspiring music industry professionals, describes termination rights as:

One of the best goodies that creators got in the 1976 Copyright Law is the right of termination. The termination provisions say …

Congress's Mistaken Ip Power And Our Hybrid Constitutionalism, Barry P. Mcdonald

Kentucky Law Journal

No abstract provided.

Reaching For Starz: The Negative Impact Of Creating Limitations On Damages In Timely Copyright Claims, Lindley Williams

Kentucky Law Journal

No abstract provided.

Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law commemorates the life and legacy of Professor Monroe Price, who served as dean from 1982 to 1991 and helped shape the school's growth and academic identity. A pioneering scholar in media law and legal education, Price founded and advanced numerous signature programs at Cardozo while making lasting contributions to intellectual property, communications law, American Indian law, and international legal scholarship.

Unveiling The Patent Landscape Of Biologic Drugs, Michael D. Frakes, Melissa F. Wasserman

Northwestern University Law Review

It is undeniable that the escalating price of biopharmaceuticals is a critical issue, as high prices limit patients’ access to life-saving medications and strain our healthcare system. Biologics, or large-molecule drugs, which are revolutionizing modern healthcare, are significantly contributing to the escalating cost of prescription drugs. While biologic drugs represent only 2% of all U.S. prescriptions, they comprise close to 50% of net drug spending.

Policymakers have proposed a series of interventions to decrease drug prices that target the patent practices of pharmaceutical firms. Yet due to differences in law, we have a robust source of patenting information for small-molecule …

The Mark Of Confusion: Untangling The Circuit Split In Trademark Infringement Jurisprudence, Amilcar Torres

University of Cincinnati Law Review

No abstract provided.

The House Of Ai: Intellectual Property Law As It Relates To Generative Ai And Fashion, Abhilasha Praveen

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

Over the past decade, artificial intelligence has permeated nearly every aspect of society, yet American legislation in this field remains largely archaic. The absence of specific legislation governing generative AI in the United States has led to numerous intellectual property (IP) and copyright disputes, infringing on both creator’s rights and discouraging innovation. Given the rapid evolution of generative AI in society, comprehensive legislative action is necessary to establish clear guidelines balancing intellectual property rights with the need for innovation through technological advancement. While this issue spans multiple industries, this article focuses on fashion, examining how AI regulation can foster innovation …

Framing Harmonization: Illusion And Reality In The Riyadh Design Law Treaty, Christine Farley, Margo Bagley

Scholarly Articles in Law Reviews & Journals

From the outside, the Riyadh Design Law Treaty (RDLT) has long appeared as a modest administrative measure. Negotiated in the World Intellectual Property Organization (WIPO) Standing Committee on Trademarks (SCT), it has repeatedly been characterized as a ‘‘procedural treaty’’ concerned with filing formalities rather than substantive reform. The contrast with the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) is striking. Both both treaties adopted in 2024 after 20+ years of negotiation. But only the GRATK Treaty attracted sustained scholarly and civil society engagement; the RDLT attracted almost none.

Data Is Nothing Like Oil: Dusting Off Copyright’S Originality Doctrine For The Ai Age, Carys Craig

All Papers

No abstract provided.

Redefining Superfans: Building Sustainable Fandom In A Monetization-Focused Industry, Heyman Center On Corporate Governance, Intellectual Property Law Society, Cardozo Fame Center, Cardozo Entertainment Law Society

2025–2026 Flyers

Join us to hear from three panelists on the rapidly evolving world of superfan engagement. Our panelists will speak on topics such as ownership of fan data, platform responsibilities, sync and acquisition strategies and ethical monetization models. Dinner provided.

• Robert Piper, Esq., Labor Relations Manager, Disney Theatrical Group 

• Erin Singleton, Founder and CEO, Softside

• Mike Fiebach, Founder and CEO, Mainfactor 

Reimagining Graphical Representation: A Case Comment On The Registration Of India’S First Scent Trademark, Siddhant Shinde

Indian Journal of Law and Technology

This case comment analyses the Trade Marks Registry’s decision of permitting the registration of India’s first scent trademark, filed by Sumitomo Rubber Industries Ltd. for a “smell reminiscent of roses as applied to tyres”. This decision raises a key question concerning the graphical representation requirement under the Trade Marks Act, 1999. While the Registry accepted a seven-dimensional scientific vector model of the scent as sufficient graphical representation, the Order offers little engagement with the legal reasoning required to support such a departure from conventional understandings of graphical representation. Thus, this case comment attempts to doctrinally justify such an interpretive expansion …

Brief Of Copyright Scholars As Amici Curae In Support Of Respondent In Emmerich Newspapers, Inc. V. Particle Media, Inc., Jess Miers, Mark A. Lemley, Rebecca Tushnet

Akron Law Faculty Publications

The server test has served us well for nearly two decades. It matches the language of the statute, the well-settled distinction between direct and secondary liability, and the nature of the technology. The copyright owner here makes the work available freely to every site visitor, and may stop embedding with a few clicks on the keyboard. There is no need to strain the law of direct liability to protect any legitimate interests it might have.

This Court should decline the invitation to create a circuit split that would upset settled expectations and turn millions of online posters into infringers overnight.

Trademarks Beyond The Dictionary: A Corpus Linguistics Approach To The International Implementation Of The Rule Of Foreign Equivalents, George Mcmullin

Nevada Law Journal

No abstract provided.

Confronting Imitation: Questioning Fair Use After Warhol, Genevieve Stegner-Freitag

William & Mary Bill of Rights Journal

The Constitution’s Intellectual Property Clause (IP Clause) contains a mandated goal of “progress” for copyright. Efforts to address what progress means move between some understanding it to be a specific Enlightenment-oriented term, progress as a forward-moving, Judeo-Christian ideal, to others viewing the term as strictly economic, understanding the goal of copyright is to get as many different products in the market as possible. Defining what progress means in copyright law is a necessary step, as courts are increasingly considering market forces in granting or denying authorial property rights. This Note addresses what progress means, how imitative art factors in, and …

Terminating The Termination Policy Requirement: Protecting Internet Users And Service Providers By Expanding The Dmca Section 512(A) Safe Harbor, Michael Kritzer

Cardozo Law Review

The Digital Millennium Copyright Act of 1998 (DMCA) established “safe harbors” for Internet Service Providers (ISPs) against secondary liability for the copyright infringement perpetrated by their users. Among the requirements for eligibility for these safe harbors is a provision requiring ISPs to implement a policy for terminating repeat infringers. This Note proposes that Congress codify an exception to this termination requirement for a specific class of ISPs—“transitory” providers that solely provide internet access and do not control the information transmitted over their networks.

This Note examines the safe harbor and termination requirement through the lens of two recent secondary infringement …

Transformative Technology Or Blatant Theft: Reassessing Fair Use In The Era Of Generative Ai, Tsai-Lin Hsieh, Tsai-Fang Chen

Cardozo Law Review

The rapid proliferation of generative artificial intelligence (“AI”) applications in recent years has sparked a global “AI frenzy.” Yet, the rise of new AI technologies has also raised concerns about copyright infringement, particularly regarding whether generative AI developers should be held liable for using copyrighted works as training inputs and generating outputs that compete with original works. In response, AI developers have invoked a long line of technological fair use precedents to defend against any potential copyright infringement claims. The purpose of this Article is to offer insights into whether generative AI is a transformative technology that deserves fair use …

Your Face As Property: Ip Strategies Beyond Right Of Publicity, Nick Cipriani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service …

Orrick On Startup Law At The Intersection Of Business And Technology, Cardozo Fame Center, Cardozo Intellectual Property Law Society (Ipls), Samir Bakhru, Josh Beser

2026 Event Invitations

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington & Sutcliffe, to learn how top tech-focused law firms advise startups, founders, and high-growth companies, and how intellectual property strategy fits into corporate practice. Presented by the FAME Center and IPLS. Dinner will be provided.

Orrick On Startup Law At The Intersection Of Business + Technology, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Orrick, Herrington & Sutcliffe, Heyman Center On Corporate Governance

2025–2026 Flyers

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington and Sutcliffe to learn how top tech-focused law firms advise startups, founders and high-growth companies and how intellectual property strategy fits into corporate practice.

Stitching Up Industry Issues: Arbitration Can Offer Customized Solutions To Fashion Intellectual Property Disputes, Catherine Meng

Pepperdine Dispute Resolution Law Journal

This comment proposes alternative dispute resolution (ADR), specifically arbitration, as a more effective mechanism for resolving fashion copyright disputes. The fashion industry has historically received limited protection for designs—primarily trademark and patent law—resulting in widespread copying and difficulty enforcing claims. In the 2017 case Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court added copyright to the patchwork of protections. However, that protection is available only for aesthetic elements, not functional ones. The difficulty in distinguishing these components, along with the challenges of enforcing claims across borders and between parties with unequal bargaining power, as in Hian v. Louis …

Revisiting Eli Lilly V. Canada: Judicial Interpretation Of Ip Law And Exposure To Investor-State Disputes, Yumu Chen

Duke Law & Technology Review

Eli Lilly v. Canada was an investor-state dispute settlement (ISDS) case widely noted for signaling a regime shift in intellectual property (IP) protection from the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to ISDS. Its true yet often overlooked significance, however, lies in being a case of first impression on whether judicial interpretation of IP law may serve as a basis for state responsibility independent of denial of justice. To bridge that gap, this Note undertakes a close reading of the novel doctrinal discussion in Eli Lilly and related precedents, drawing implications for the broader theory of state …

Shutting Pandora's Box: A Legal, Economic, And Miscellaneous Meditation Of The Copyrightability Of Ai-Generated Music, Nathan Oddi

Akron Law Review

No abstract provided.

Can The Uk, Australia, And India Master The Defence Against Dark Patterns? A Comparative Study Of Jurisdictional Approaches, Swetha Meenal Ananthapadmanaban, Jeannie Marie Paterson

Indian Journal of Law and Technology

This paper examines how the United Kingdom (the ‘UK’), Australia, and India approach the regulation of one of the most pressing issues in contemporary digital markets – Dark Patterns. Taking the Digital Markets, Competition and Consumers Act 2024 (‘DMCC’) in the UK as a potential benchmark, it evaluates the structural strengths and shortcomings of Guidelines for Prevention and Regulation of Dark Patterns, 2023, in India and the proposed grey list of unfair trading practices in Australia. Through case studies of Amazon Audible’s subscription cancellation flow and Epic Games’ in-app purchase design, the paper illustrates how identical practices receive uneven legal …

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …