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Articles 1 - 30 of 52
Full-Text Articles in Law
Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson
Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson
Presentations
This presentation discusses eReserves, the 11th circuit and copyright issues surrounding the Georgia State University case heard by Judge Evans in 2008.
The Costs Of Trademarking Dolls, Jessica Silbey
The Costs Of Trademarking Dolls, Jessica Silbey
Faculty Scholarship
Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …
Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal
Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal
Life of the Law School (1993- )
No abstract provided.
Intellectual Property In Experience, Madhavi Sunder
Intellectual Property In Experience, Madhavi Sunder
Georgetown Law Faculty Publications and Other Works
In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.
Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that …
The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo
The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo
Joint PIJIP/TLS Research Paper Series
International and domestic copyright law reform around the world is increasingly focused on how copyright exceptions — a.k.a. “user rights” —should be expanded to promote maximum innovation, creativity, and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We are developing such a tool, which we …
Copyright And Underwater Cultural Heritage, Tyler T. Ochoa
Copyright And Underwater Cultural Heritage, Tyler T. Ochoa
Faculty Publications
This article will focus on three aspects of copyright law as it applies to the photography of underwater cultural heritage. First, to what extent can a salvor claim exclusive rights to photograph a particular site? Second, who is the author (or who are the authors) of such underwater photography, which increasingly involves the use of remote-controlled robotic drones? Third, to what extent can a State control the use of underwater photography that falls within its territorial waters?8 All three of these aspects have been the subject of lawsuits and judicial opinions in the United States; and those opinions shed light …
Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West
Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West
Seattle University Law Review SUpra
No abstract provided.
Transformed, I'M Sure: A (Polite) Introduction To Fair Use In Dh, Jill Cirasella
Transformed, I'M Sure: A (Polite) Introduction To Fair Use In Dh, Jill Cirasella
Publications and Research
This presentation looks at how the words "including" and "such as" in the fair use section of United States copyright law (i.e., Section 107 of Title 17 of the United States Code) allow for unforeseen fair uses, including transformative works made by digital humanists.
Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle
Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle
Library Faculty and Staff Publications
This lesson was developed for students preparing to enter professional practice who were assigned to write and/or illustrate a technical howto manual on a topic of their choice (how to put on ski boots, draw blood, use a fitness tracking app, etc.). The teaching librarian conducts a class session on finding and creating images to illustrate the manuals and teaches differences between using copyrighted and non-copyrighted images. The students work on finding images in the public domain, creating their own images, and incorporating copyrighted images via Creative Commons licenses and the principle of fair use. Librarians can teach this lesson …
Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It is hoped that this …
Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions: 1. Do these forms of online activity constitute acts of communication (or making available) in the first instance? 2. Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It …
How Copyright Law Can Fix Artificial Intelligence's Implicit Bias Problem, Amanda Levendowski
How Copyright Law Can Fix Artificial Intelligence's Implicit Bias Problem, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
As the use of artificial intelligence (AI) continues to spread, we have seen an increase in examples of AI systems reflecting or exacerbating societal bias, from racist facial recognition to sexist natural language processing. These biases threaten to overshadow AI’s technological gains and potential benefits. While legal and computer science scholars have analyzed many sources of bias, including the unexamined assumptions of its often homogenous creators, flawed algorithms, and incomplete datasets, the role of the law itself has been largely ignored. Yet just as code and culture play significant roles in how AI agents learn about and act in the …
Copyright User Rights And Access To Justice (Introduction), Pascale Chapdelaine
Copyright User Rights And Access To Justice (Introduction), Pascale Chapdelaine
Law Publications
This is an introduction to selected articles published in vol. 35 of The Windsor Yearbook of Access to Justice (2018) further to the Symposium: "Copyright User Rights and Access to Justice" hosted by Windsor Law on May 18-19 2017. It gives a brief overview of the concept of copyright user rights and access to justice, as well as of the main themes discussed in the articles and at the Symposium, including access to knowledge and human rights.
The Ip Law Book Review, Vol. 8 #2, William T. Gallagher
The Ip Law Book Review, Vol. 8 #2, William T. Gallagher
Intellectual Property Law
THE BRANDING OF THE AMERICAN MIND: HOW UNIVERSITIES CAPTURE, MANAGE, AND MONETIZE INTELLECTUAL PROPERTY AND WHY IT MATTERS, by Jacob Rooksby. Reviewed by Liza Vertinsky, Emory University School of Law
ILLEGAL LITERATURE: TOWARD A DISRUPTIVE CREATIVITY by David S. Roh. Reviewed by Shubha Ghosh, Syracuse University College of Law
ARTISTIC LICENSE: THE PHILOSOPHICAL PROBLEMS OF COPYRIGHT AND APPROPRIATION, by Darren Hudson Hick. Reviewed by Shubha Ghosh, Syracuse University College of Law
THE LAW AND PRACTICE OF TRADEMARK TRANSACTIONS: A GLOBAL AND LOCAL OUTLOOK, edited by Irene Calboli and Jacques de Werra. Reviewed by Jake Linford, Florida State University College of …
Vol. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth
Vol. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth
Northern Illinois Law Review Supplement
When musicians allege that politicians they dislike have used their music without authorization, those allegations make the news, but rarely, if ever, do those news sources mention when the politicians have purchased licenses for that music. Unsurprisingly, copyright law is never a topic of media mention. Licensing is a straightforward, nondiscriminatory procedure that allows anyone who pays the necessary fee the right to exercise the license. When it comes to political uses, however, copyright law loses in a landslide to public opinion, which dictates how vocal opponents think licenses should work without acknowledging how licenses do work. Academia can count …
The Battle To Define Asia’S Intellectual Property Law: From Tpp To Rcep, Anupam Chander, Madhavi Sunder
The Battle To Define Asia’S Intellectual Property Law: From Tpp To Rcep, Anupam Chander, Madhavi Sunder
Georgetown Law Faculty Publications and Other Works
A battle is under way to decide the intellectual property law for half the world’s population. A trade agreement that hopes to create a free trade area even larger than that forged by Genghis Khan will define intellectual property rules across much of Asia and the Pacific. The sixteen countries negotiating the Regional Comprehensive Economic Partnership (RCEP) include China, India, Japan, and South Korea, and stretch to Australia and New Zealand. A review of a leaked draft reveals a struggle largely between India on one side and South Korea and Japan on the other over the intellectual property rules that …
Balances Of Power Between Ip Creators: Ethical Issues In Scholarly Communication, Kristin Laughtin-Dunker
Balances Of Power Between Ip Creators: Ethical Issues In Scholarly Communication, Kristin Laughtin-Dunker
Library Presentations, Posters, and Audiovisual Materials
Scholarly communications often values free access above all else, but what happens when that drive for openness conflicts with ethical issues of consent and ownership? In this CARL IG Showcase panel, members of SCORE (Scholarly Communication and Open Resources for Education) will discuss some of the thorny issues of ethics and scholarly communication, including: consent (particularly among diverse communities outside of the institution) and digital collections, students as information creators / library as publisher, and decolonizing who we consider scholars and what we consider scholarship. This panel will feature speakers who will share current discussions and personal stories on issues …
Emojis And The Law, Eric Goldman
Emojis And The Law, Eric Goldman
Faculty Publications
Emojis are an increasingly important way we express ourselves. Though emojis may be cute and fun, their usage can lead to misunderstandings with significant legal stakes—such as whether someone should be obligated by contract, liable for sexual harassment, or sent to jail.
Our legal system has substantial experience interpreting new forms of content, so it should be equipped to handle emojis. Nevertheless, some special attributes of emojis create extra interpretative challenges. This Article identifies those attributes and proposes how courts should handle them.
One particularly troublesome interpretative challenge arises from the different ways platforms depict emojis that are nominally standardized …
All Your Works Are Belong To Us: New Frontiers For The Derivative Work Right In Video Games, J. Remy Green
All Your Works Are Belong To Us: New Frontiers For The Derivative Work Right In Video Games, J. Remy Green
Faculty Scholarship
In copyright law, the author of an original work has the exclusive right to prepare further works derivative of that original. Video game developers’ works are protected by the Copyright Act. As video games take advantage of more advanced technology, however, players are doing more creative, interesting, and original things when they play games. Certain things players do create independent economic value and are the kinds of acts of original authorship our copyright system is designed to encourage. However, since the author of the video game is entitled to the full panoply of rights under the laws of the American …
Fair Use And Social Media, John Dettinger
Fair Use And Social Media, John Dettinger
All Musselman Library Staff Works
This poster was created in a collaborative effort by Musselman Library’s Copyright Committee as part of a display for Fair Use Week 2018. The poster was intended to get viewers to think about the 4 factors of fair use in the context of two art projects that used social media photos: Yolocaust by Shahak Shapira and New Portraits by Richard Prince. It was also intended to get viewers thinking about the ways their social media content might get used beyond the original intention.
What Is (And Isn't) Fair Use In Music Sampling?, Devin Mckinney
What Is (And Isn't) Fair Use In Music Sampling?, Devin Mckinney
All Musselman Library Staff Works
"Fair use" is a principle embedded in copyright law which permits -- under circumstances governed by a set of considerations commonly known as "the four factors" -- the borrowing of material from copyrighted works to create new works. Created for Fair Use Week 2018, this poster highlights the principle as it has applied to three controversial cases involving music sampling. For each case, the observer is given the essential facts; shown which of the four factors (represented by icons) were most central; and told the real-world outcome of each case. As an interactive display, the poster covered each "Outcome" column …
Brief Of Amici Curiae - Copyright And Intellectual Property Law Professors In Support Of Defendant-Petitioner Pandora Media, Inc., Tyler T. Ochoa, Joseph C. Gratz
Brief Of Amici Curiae - Copyright And Intellectual Property Law Professors In Support Of Defendant-Petitioner Pandora Media, Inc., Tyler T. Ochoa, Joseph C. Gratz
Faculty Publications
Brief submitted to the Supreme Court of the State of California.
Case No. S240649 FLO & EDDIE, INC., Plaintiff-Respondent, v. PANDORA MEDIA, INC., Defendant-Petitioner.
Plaintiff Flo & Eddie, Inc., contends that the phrase “exclusive ownership” in California Civil Code section 980 includes all possible uses to which a copyrightable work may be put, including an exclusive right of public performance. At the time California Civil Code section 980 was first enacted in 1872, however, the phrase “exclusive ownership” in relation to a copyrightable work meant something different and much narrower: namely, the right of first publication (reproduction and sale) only. …
Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong
Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong
Faculty Articles and Other Publications
The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive copyright protection …
Creativity Revisited, Ralph D. Clifford
Creativity Revisited, Ralph D. Clifford
Faculty Publications
The University of New Hampshire's Scholarship Redux Conference invited a reexamination of an earlier work of IP scholarship to address what has happened in the area since the time of its original publication. As my contribution to the Conference, I revisited my 1997 article that discussed the consequences of the increasing sophistication of artificial intelligence ("AI") on the production of new copyrightable or patentable works as well as the follow-up article I published in 2004 that focused expressly on copyright law. The primary call of the conference was to discuss the "legal predictions [that were] right -- or wrong!" In …
Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson
Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson
VCU Libraries Faculty and Staff Publications
Everyone is a publisher, a maker, or a creator in the digital age, and understanding copyright is a foundational skill. Artists, designers, and arts scholars need acute awareness of the legal landscape and fair use. To help meet this need, Virginia Commonwealth University (VCU) Libraries, in concert with the VCU School of the Arts, created a series of programs on the nuances of copyright for artists, designers, and art scholars.
Top Tens In 2017: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Top Tens In 2017: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
The Supreme Court loosened the grip of patentees on their products, holding that contractual restrictions on patented product are ineffective to preserve patent rights. The Court also loosened the grip of the Eastern District of Texas on patent cases, announcing a narrower standard that will send more cases to Delaware. The Federal Circuit cases piled up on applying the Alice standard to filter nonpatentable abstract ideas from patentable inventions. Meanwhile, even as the constitutionality of the Patent Trial and Appeals Board pends before the Supreme Court, hundreds of PTAB decisions on the validity of patents move onward to the Federal …
The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman
The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman
Scholarly Articles
This article represents the first comprehensive empirical study of the Defend Trade Secrets Act (“DTSA”), the law enacted by Congress in 2016 that created a federal civil cause of action for trade secret misappropriation. The DTSA represents the most significant expansion of federal involvement in intellectual property law in at least 30 years. In this study, we examine publicly-available docket information and pleadings to assess how private litigants have been utilizing the DTSA. Based upon an original dataset of nearly 500 newly-filed DTSA cases in federal court, we analyze whether the law is beginning to meet its sponsors’ stated goals …
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Faculty Publications & Other Works
In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff's claims of infringement rely on a poorly substantiated form pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broader problem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet …
The Limits Of Copyright Office Expertise, Aaron K. Perzanowski
The Limits Of Copyright Office Expertise, Aaron K. Perzanowski
Faculty Publications
The mismatch between the expanding administrative and regulatory obligations of the United States Copyright Office and its limited institutional expertise is an emerging problem for the copyright system. The Office’s chief responsibility—registration and recordation of copyright claims—has taken a back seat in recent years to a more ambitious set of substantive rulemakings and policy recommendations. As the triennial rulemaking under the Digital Millennium Copyright Act highlights, the Office is frequently called upon to answer technological questions far beyond its plausible claims of subject matter expertise. This Article traces the Office’s history, identifies its substantial but discrete areas of expertise, and …
Dr. Seuss, The Juice And Fair Use Revisited: Two Decades Of Parody And Satire In Copyright Law, Tyler T. Ochoa
Dr. Seuss, The Juice And Fair Use Revisited: Two Decades Of Parody And Satire In Copyright Law, Tyler T. Ochoa
Faculty Publications
This essay will summarize some of the salient features and arguments made in the original article. It will also analyze copyright infringement cases in the last 20 years applying the fair use doctrine to parody and satire.