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Full-Text Articles in Law
Ai, Artists, And Anti-Moral Rights, Derek E. Bambauer, Robert W. Woods
Ai, Artists, And Anti-Moral Rights, Derek E. Bambauer, Robert W. Woods
UF Law Faculty Publications
Generative artificial intelligence (AI) tools are increasingly used to imitate the distinctive characteristics of famous artists, such as their voice, likeness, and style. In response, legislators have introduced bills in Congress that would confer moral rights protections, such as control over attribution and integrity, upon artists. This Essay argues such measures are almost certain to fail because of deep-seated, pervasive hostility to moral rights measures in U.S. intellectual property law. It analyses both legislative measures and judicial decisions that roll back moral rights, and explores how copyright’s authorship doctrines manifest a latent hostility to these entitlements. The Essay concludes with …
Spite: Legal And Social Implications, Jeffrey L. Harrison
Spite: Legal And Social Implications, Jeffrey L. Harrison
UF Law Faculty Publications
Spite is not a simple concept. The same actions may be motivated by a desire to harm others as a source of the actor’s satisfaction. They may also be a reaction to a personal sense of injustice. Finally, spite-like actions are consistent with simply righting a wrong. This Article makes the case that spite, in its worst from, is comparable to theft. It is a taking of someone’s sense of well-being without consent. It also claims that the purchase of positional goods is ultimately spite driven. It canvasses tort law, contracts, tax law, trademark, and criminal law in an effort …
Beyond Trademarks And Offense: Tam And The Justices’ Evolution On Free Speech, Clay Calvert
Beyond Trademarks And Offense: Tam And The Justices’ Evolution On Free Speech, Clay Calvert
UF Law Faculty Publications
In Matal v. Tam , the Supreme Court threw out the “disparagement clause” of the Lanham Act, the federal trademark law, because trademarks are private speech and thus regulating them based on government determinations of offensiveness violates the First Amendment. The solid outcome here contrasts with the narrow, incremental results in some other recent First Amendment cases that reached the Court.
Intellectual Property And Employee Selection, Elizabeth A. Rowe
Intellectual Property And Employee Selection, Elizabeth A. Rowe
UF Law Faculty Publications
In today’s marketplace, companies from Disney to Hooters are increasingly integrating their image into the service that they provide. This has come to be known as “branded service.” The human wearing the trade dress merges with the brand image. When a company chooses this strategy to differentiate itself from its competitors in the marketplace, it will often incorporate some intellectual property, and the result then necessarily influences hiring decisions. If a business decides not to hire a prospective employee because she does not fit the company’s image, and that decision is challenged under the antidiscrimination laws, to what extent should …