Entertainment, Arts, and Sports Law Commons^™

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Washington Journal of Law, Technology & Arts

Modern artificial intelligence (AI) systems lack human-like consciousness or culpability, yet they exhibit fluid agency: behavior that is (i) stochastic (probabilistic and path-dependent), (ii) dynamic (co-evolving with user interaction), and (iii) adaptive (able to reorient across contexts). Fluid agency generates valuable outputs but collapses attribution, irreducibly entangling human and machine inputs. This fundamental unmappability fractures doctrines that assume traceable provenance—authorship, inventorship, and liability—yielding ownership gaps and moral “crumple zones.”

This Article argues that only functional equivalence stabilizes doctrine. Where provenance is indeterminate, legal frameworks must treat human and AI contributions as equivalent for allocating rights and responsibility—not as a claim …

Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank, Keegan L. Rand

Marquette Intellectual Property & Innovation Law Review

None

Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey

Faculty Scholarship

This symposium essay is adapted from my forthcoming book Against Progress: Intellectual Property and Fundamental Values in the Internet Age (Stanford University Press 2021 forthcoming). The book’s primary argument is that, with the rise of digital technology and the ubiquity of the internet, intellectual property law is becoming a mainstream part of law and culture. This mainstreaming of IP has particular effects, one of which is the surfacing of on-going debates about “progress of science and the useful arts,” which is the constitutional purpose of intellectual property rights.

In brief, Against Progress describes how in the 20th century intellectual property …

Intellectual Property Harms: A Paradigm For The Twenty-First Century, Jessica Silbey

Faculty Scholarship

This short essay is part of a larger book project that investigates how contemporary intellectual property debates, especially in the digital age, are taking place over less familiar terrain: fundamental rights and values. Its argument draws from the diverse, personal accounts of interviews from everyday creators and innovators and focuses on descriptions of harms and, as some say “abuses,” they suffer within their practicing communities. The harms are not described are the usual harms that intellectual property law is understood to prevent. Typically, intellectual property injuries are conceived in individual terms and as economic injuries. An infringer is a thief. …

First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan

Georgia Journal of Law & Technology

No abstract provided.

Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey

Faculty Scholarship

This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …

Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014

Pace Intellectual Property, Sports & Entertainment Law Forum

This issue of Pace Intellectual Property, Sports & Entertainment Law Forum includes articles on the modern legal issues & developments affecting fashion, the Internet, music, film, international sports, constitutional law & the lives of celebrities.

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese

Touro Law Review

Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …

Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …

Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Bilski’S “Machine-Or-Transformation” Test: Uncertain Prognosis For Diagnostic Methods And Personalized Medicine Patents, Brian P. Murphy, Daniel P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The Patent Landscape With Bilski On The Map, Jeanne C. Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Faculty Scholarship

Welcome to the 2009 Fordham Intellectual Property, Media and Entertainment Law Journal’s Symposium titled, “Functionality: At the Crossroads of IP.” My name is Regina Schaffer-Goldman, and I am the Editor-in- Chief of the 20th Volume of the Journal, which is more affectionately known as the IPLJ.

We are so pleased to see the culmination of many months of preparation today. It is the IPLJ’s 20th Anniversary Edition, and we wanted to commemorate this occasion with a fantastic Symposium. As you will see, we have assembled a truly all-star group of legal scholars and practitioners today.

Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Product-By-Process Patent Claim Construction: Resolving The Federal Circuit’S Conflicting Precedent, Gregory S. Maskel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Outsourcing The Fire Of Genius: The Effects Of Patent Infringement Jurisprudence On Pharmaceutical Drug Development, Katherine A. Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Phillips V. Awh Corp., Inc.: A Baffling Claim Construction Methodology, Ehab M. Samuel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.