Intellectual Property Law Commons^™

The Importance Of Being Earnestly Innovative: The Increasing Role Of Intellectual Property Law In The Global Economy, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Intellectual Property & National Security, James Morrison

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Patentability Of Antibodies For Use In Medications After Amgen V. Sanofi, Kaitlyn Taylor

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Copyright Claims And Constitutional Games: The Constitutionality Of The Copyright Claims Board Following The Supreme Court Ruling In Arthrex, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich

Fordham Law Review

Computer software is protected by copyright law through its underlying code, which courts have interpreted as constituting a “literary work” pursuant to the Copyright Act. Prior to including software as copyrightable subject matter, Congress established a termination right which grants original authors the ability to reclaim their copyright thirty-five years after they have transferred it. Termination was intended to benefit up-and-coming authors who faced an inherent disadvantage in the market when selling the rights to their works. In the near future, many software works will reach the thirty-five-year threshold, thus presenting courts with a novel application of termination to computer …

From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi

Brooklyn Journal of International Law

Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …

Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson

Washington Law Review

TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …

Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Nflpo: The Nfl's Private Patent Office, Paul Fina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes

Washington Journal of Law, Technology & Arts

Loot boxes are items in video games that contain randomized prizes that players can purchase with real-world money. In recent years, loot boxes have come under scrutiny because the relationship between behavior and the underlying mechanics of loot boxes are similar to that of addictive behaviors associated with real-world gambling. Many papers suggest solutions focused on industry changes without direct regulation. However, these papers neglect the enormous profit incentive to maintain a business practice which can have detrimental behavioral effects on children. The United States federal government must take example from a growing number of European countries and ban the …

Table Of Contents, Ashley Stoll

Washington Journal of Law, Technology & Arts

No abstract provided.

Digital Contract Tracing In The Workplace, Alexandra Kiosse

Washington Journal of Law, Technology & Arts

The COVID-19 pandemic has affected the way businesses run and operate in the United States. With the dire need to keep employees safe, digital contact tracing has become the most efficient mechanism for controlling the spread of the virus within places of employment. However, information privacy laws come into tension with the use of employee health data by employers and third parties. This Article proposes a careful balance between contact tracing and maintaining employees’ privacy as they share health and proximity data with digital contact tracing applications in the workplace.

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 …

Bertillonage In An Age Of Surveillance: Fourth Amendment Regulation Of Facial Recognition Technologies, David C. Gray

SMU Science and Technology Law Review

The Fourth Amendment is a closed hydraulic system. As a general rule, if government conduct is deemed a “search” under the Fourth Amendment, then agents must secure a warrant from a detached and neutral magistrate before engaging in that conduct. There are exceptions, of course, but they just shift the pressure into another valve. Officers who conduct searches based on their own initiative must show not only probable cause, but also good reasons why, in their circumstances, they were not required to get a warrant.

One consequence of these Fourth Amendment hydraulics is a reluctance on the part of the …

Covid-19: Legal Framework For Vaccine Distributions And Mandates, Dana B. Taschner, Ashley Atwood

SMU Science and Technology Law Review

The COVID-19 pandemic has created heightened turmoil for at-risk populations, solidified laws allowing the use of mask mandates, raised legal issues surrounding vaccine mandates, and presented the new issue of a vaccine passport. As a nation, we have failed to implement vaccination schemes that properly protect vulnerable populations. Specifically, the homeless population has been overlooked, creating an additional layer of hardship, and contributing to greater community spread. This article contemplates the various methods by which an equitable vaccination scheme could have been achieved and the division of powers that created complications.

Additionally, the legality of vaccine mandates is discussed, and …

Q: Can Booking.Com Be Trademarked? A: Booking.Yeah, Samantha Favela

SMU Science and Technology Law Review

By choosing a generic Internet domain as a brand name, that brand can hit the Internet jackpot. But the popularity and use of a generic domain name creates tension with trademark law. While companies want to be easily found on the Internet, they also want to protect themselves from competitors. This Case Note argues that the Supreme Court’s ruling in United States Patent & Trademark Office v. Booking.com B.V. is the best possible outcome in protecting brand’s rights and balancing trademark law principles. Through the analysis of past cases, the Supreme Court decision in Booking.com itself, and trademark law principles, …

The Art Of Dodging Bullets: How Covid-19 Drug Manufacturers And Providers Plan To Escape Tort Liability, Ruan Meintjes

SMU Science and Technology Law Review

No abstract provided.

The Fifth Circuit, Fourth Amendment, And The Third-Party Doctrine: Two Takeaways From The Court’S First Ruling On Bitcoin Privacy, Daniel Penn

SMU Science and Technology Law Review

No abstract provided.

Trump’S Twitter Tension: Is Social Media A Modern Restriction On Government Employees?, Caylee Phillips

SMU Science and Technology Law Review

No abstract provided.

Signed, Sealed, Patented?: A Look At The United States Postal Service’S Patent Application For Implementing Blockchain Technology In Mobile Voting Systems, Ethan Todd

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Copyright, Pandemics, And Emergencies: When Desperate Times Dictate Contextual Responses, Caroline L. Osborne

SMU Science and Technology Law Review

This article explores fair use, the library exception, the first sale doctrine, and controlled digital lending as responses to copyright in the context of permitting libraries to digitize materials existing exclusively in print in their collection for use in teaching, research, and scholarship by students, faculty, and other patrons. Also included is a decision matrix to be employed as a tool for analysis in making the decisions as to digitization of print resources in response to instances of emergencies.

Uncovering The “Realness” Of Cgi Influencers, Samantha Favela

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

The Death Of The Ai Author, Carys Craig, Ian Kerr

Articles & Book Chapters

Much of the recent literature on AI and authorship asks whether an increasing sophistication and independence of generative code should cause us to rethink embedded assumptions about the meaning of authorship. It is often suggested that recognizing the authored — and so copyrightable — nature of AI-generated works may require a less profound doctrinal leap than has historically been assumed. In this essay, we argue that the threshold for authorship does not depend on the evolution or state of the art in AI or robotics. Rather, the very notion of AI-authorship rests on a category mistake: it is an error …

The General Data Protection Regulation And Open Source Software Communities, Amye Scavarda Perrin

Cybaris®

No abstract provided.