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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Authorship, Disrupted: Ai Authors In Copyright And First Amendment Law, Margot E. Kaminski Jan 2017

Authorship, Disrupted: Ai Authors In Copyright And First Amendment Law, Margot E. Kaminski

Publications

Technology is often characterized as an outside force, with essential qualities, acting on the law. But the law, through both doctrine and theory, constructs the meaning of the technology it encounters. A particular feature of a particular technology disrupts the law only because the law has been structured in a way that makes that feature relevant. The law, in other words, plays a significant role in shaping its own disruption. This Essay is a study of how a particular technology, artificial intelligence, is framed by both copyright law and the First Amendment. How the algorithmic author is framed by these …


Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith Oct 2016

Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith

Georgia Journal of Law & Technology

No abstract provided.


Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson Jul 2016

Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson

Michigan Telecommunications & Technology Law Review

Though existing for several millennia in various cultures, body modification through tattooing is becoming more popular in the United States. Twenty percent of Americans have at least one tattoo, and among Millennials this number grows to almost forty percent. As the popularity of tattoos has increased in recent years, so too have questions revolving around concepts of intellectual property and the plausible limitations of any rights stemming therefrom. This Article addresses the implications, for both the tattooist and the tattooed, of using trademarked designations as tattoos. Neither the courts nor Congress have definitively answered the question of how traditional trademark …


Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr. Jun 2016

Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze Jun 2016

Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Manufacturers Association Of Israel V. Merck Sharp & Dohme, Neal Hendel, Yoram Danziger, Uri Shoham Jun 2016

Manufacturers Association Of Israel V. Merck Sharp & Dohme, Neal Hendel, Yoram Danziger, Uri Shoham

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

 

The rights in an Israeli patent, upon which the Ezetrol medical preparation is based, belong to the Respondents in LCA 8127/15, who are the Applicants in LCA 8263/15 (hereinafter: Merck). According to sec. 52 of the Patent Law (hereinafter: the Law), the period of the patent is 20 years from the date of the application, which was filed in 1994. In 1998, the Law …


Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson Jun 2016

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Georgia Journal of Law & Technology

No abstract provided.


The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews Jun 2016

The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews

Georgia Journal of Law & Technology

No abstract provided.


Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt Jun 2016

Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt

Minnesota Journal of Law, Science & Technology

No abstract provided.


Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna May 2016

Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna

Court Briefs

No. 15-14889
Edward Lewis Tobinick v. Steven Novella

Appeal from the United States Distric Court for the Southern District of Florida, Case No.: 9:14-cv-80781-RLR (Hon. Robin L. Rosenber)
[Including the] Motion for Leave to File Brief of Amici Curiae Intellectual Property Law Professors, Nov. 30, 2015.

From the Summary of Argument

The District Court correctly determined that the challenged speech of Dr. Steven Novella was not commercial speech for purposes of applying the Lanham Act. Appellant’s argument to the contrary conflates “seeking profit” with “commercial speech.”


National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight May 2016

National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David Apr 2016

When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David

Georgia Journal of Law & Technology

No abstract provided.


Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin Apr 2016

Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin

Georgia Journal of Law & Technology

No abstract provided.


"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko Apr 2016

"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko

Georgia Journal of Law & Technology

No abstract provided.


Losing The Forest Among The Trees In The Festo Saga-Rationalizing The Doctrine Of Equivalents And Prosecution History Estoppel In View Of The Historical Justifications For Patent Protection, Ryan Thomas Grace Apr 2016

Losing The Forest Among The Trees In The Festo Saga-Rationalizing The Doctrine Of Equivalents And Prosecution History Estoppel In View Of The Historical Justifications For Patent Protection, Ryan Thomas Grace

Georgia Journal of Law & Technology

No abstract provided.


The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson Apr 2016

The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard Apr 2016

Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard

Georgia Journal of Law & Technology

No abstract provided.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson Apr 2016

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender Apr 2016

Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender

Georgia Journal of Law & Technology

No abstract provided.


Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson Apr 2016

Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson

Georgia Journal of Law & Technology

No abstract provided.


Defining The Patent And Copyright Term: Term Limits And The Intellectual Property Clause, Edward C. Walterscheid Apr 2016

Defining The Patent And Copyright Term: Term Limits And The Intellectual Property Clause, Edward C. Walterscheid

Georgia Journal of Law & Technology

No abstract provided.


Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble Apr 2016

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White Apr 2016

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves Apr 2016

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra Apr 2016

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada Apr 2016

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert Apr 2016

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward Apr 2016

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee Apr 2016

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.


Of Mice And 'Manimal': The Patent & Trademark Office's Latest Stance Against Patent Protection For Human-Based Inventions, James P. Daniel Apr 2016

Of Mice And 'Manimal': The Patent & Trademark Office's Latest Stance Against Patent Protection For Human-Based Inventions, James P. Daniel

Georgia Journal of Law & Technology

No abstract provided.