Law Commons^™

The Author-Ity Of Ai: Navigating The Legal Landscape Of Artificial Intelligence Authorship, John R. Sepúlveda

Touro Law Review

This Article discusses the problems that arise when trying to protect works that involve generative AI. It will detail how authorship currently is interpreted under U.S. law and how the courts and the U.S. Copyright Office interpret the authorship requirement. This Article will also present some practical tips on how to navigate current U.S. law and obtain a copyright registration.

“Improve Your Privileges While They Stay”: A Guide To Improve The Privileges Of U.S. Citizenship For Everybody, Joshua J. Schroeder

Touro Law Review

In 1767, the young Phillis Wheatley wrote from her position of slavery in the Wheatley home of Boston to “ye sons of Science” at Harvard College, telling them to “improve your privileges while they stay.” She beheld the startling privileges of learning and discovery bestowed upon an elite group of young, rich white men in Boston and celebrated their privileges. Neither did she scorn those whose luck had placed a bounty of privilege upon their laps, for she likely planned to share in that bounty herself, one day. When she was only 13 or 14, Wheatley sublimely encouraged grown men …

Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman

Touro Law Review

As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …

International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales

Touro Law Review

Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.

A Named Inventor Of A Patent Should Be Expanded To Include Artificial Intelligence, Min Li

Touro Law Review

Why should patent inventors be limited to only natural persons under the current United States patent law? In fact, the present US patent law should be expanded to allow an Artificial Intelligence (“AI”) to be a named inventor of a patent. This would incentivize patent owners to use AI to produce more inventions that would benefit the public. There is no negative impact to expand the current US patent law. Many scholars, law professors, and practitioners believe that the patent law (or intellectual property law in general) is outdated due to the massive growth of modern technology. This Note argues …

Compulsory Licensing Of Patents In Times Of Public Health Emergency, Kelsey Truglio

Touro Law Review

In March 2020, the United States shut down to avoid the continued spread of the COVID-19 virus as it spread globally. In December 2020, the first COVID-19 vaccines were granted emergency usage authorization in the United States. Wealthy nations were able to quickly purchase and hoard vaccines for public distribution, leaving many third-world countries and developing nations struggling to continue to survive the pandemic without vaccination.

Compulsory licensing should be allowed on otherwise patented or patentable new technology in times of global health emergency, regardless of which entity creates the technology. This will enable governments of countries spanning all wealth …

No Standing And No Recourse: The Threat To Employee Data Under Current U.S. Cybersecurity Regulation, Georgia D. Reid

Touro Law Review

No abstract provided.

Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat

Touro Law Review

In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to afford privacy protections to electronic communications and it has not changed since its inception. The ECPA has proven problematic as technology has advanced, but Congress has not modified the law to reflect this change. Courts have struggled to apply the law to both old technologies that have been updated and new technologies that have emerged. The ECPA needs to be revised to reflect the new advances in technology or be repealed and replaced with a new approach. This will ensure that consumer data will be safeguarded while in the …

Protest Art And Copyright Law: Weaponizing Intellectual Property Against Systemic Inequality And Social Injustice, Alina Ladyzhinskaya

Touro Law Review

The death of George Floyd ignited a powerful modern-day Civil Rights movement that spread across the globe. While some protesters took to the streets to demand change, creators amplified the message of hope and unity through protest street art. Murals of police brutality victims like George Floyd, Breonna Taylor, and Ahmaud Arbery, among many others, appeared in most large cities in the United States and were widely spread on social media. From cave art to modern protest street art, graffiti continues to be a generational medium of expression of the human experience. However, while a handful of artists like Banksy, …

Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues, Rachel Silverstein

Touro Law Review

No abstract provided.

The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao

Touro Law Review

No abstract provided.

The “Foul” Protection For A Photographer’S Original And Creative Choices In A Photograph: Exploring The Implications Of Rentmeester V. Nike, Inc. On Creativity In Photography, Olivia Lattanza

Touro Law Review

No abstract provided.

The Copyrightability Of Fictional Characters: Why Harry Potter, Arya Stark, And Matrim Cauthon Are Copyrightable, Justin Scharff

Touro Law Review

No abstract provided.

The Post-Alice Jurisprudence Pendulum And Its Effects On Patent Eligible Subject Matter, John Robert Sepúlveda

Touro Law Review

No abstract provided.

The Blurred Protection For The Feel Or Groove Of A Song Under Copyright Law: Examining The Implications Of Williams V. Gaye On Creativity In Music, Olivia Lattanza

Touro Law Review

No abstract provided.

Solving The Riddle! Bridging The Gap In The Federal Circuit’S Definition Of “Regular And Established Place Of Business” To Prevent Patent Trolls From Forum Shopping, Michael A. Morales

Touro Law Review

No abstract provided.

Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger

Touro Law Review

No abstract provided.

Why And How The Issue Of Copyright Registration Made Its Way Up To The Supreme Court, Justin Scharff

Touro Law Review

No abstract provided.

Why A Monkey’S Action Of Taking A Selfie Should Expand The Definition Of An Author In The Copyright Act, David Schneider

Touro Law Review

No abstract provided.

The De Minimis Defense In Sound Recordings: How A Trivial Claim Leads To A Big Question, Elvin Canario

Touro Law Review

No abstract provided.

Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio

Touro Law Review

No abstract provided.

Implications Of A Revitalized 28 U.S.C. 1400(B): Identifying The Regular And Established Place Of Business For Patent Venue In The Internet Age, Steven Pepe, Samuel Brenner

Touro Law Review

No abstract provided.

Is Fair Use Actually Fair In The Digital Age For Good-Faith Creators: A Call For A Broader Interpretation Of The Fair Use Doctrine In The Digital Age, Joseph Tromba

Touro Law Review

No abstract provided.

#Protected Hashtags, Trademarks, And The First Amendment, Delaram Yousefi

Touro Law Review

No abstract provided.

Where's The Fair Use? The Takedown Of Let's Play And Reaction Videos On Youtube And The Need For Comprehensive Dmca Reform, Jessica Vogele

Touro Law Review

No abstract provided.

Damages For Partial Product Design Patent Infringement, Patryk Oskar Rogowski

Touro Law Review

No abstract provided.

Scenes From The Copyright Office, Brian L. Frye

Touro Law Review

No abstract provided.

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.

Beyond The Cloud: Why The Narrow Decision In American Broadcasting Cos. V. Aereo, Inc. May Have Broader Implications For Cloud-Computing, Robyn L. Rothman

Touro Law Review

No abstract provided.

Victor Can Keep His Little Secret Unless Victoria's Secret Is Actually Harmed, Shafeek Seddiq

Touro Law Review

No abstract provided.