Intellectual Property Law Commons^™

"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail

Villanova Law Review (1956 - )

No abstract provided.

Songwriters V. Spotify: Is Spotify The Problem Or A Symptom Of The Problem?, Mariana L. Orbay

Pepperdine Law Review

Today, streaming is the prevailing mode of music consumption. Yet, streaming services are struggling to turn a profit, as songwriters also face significant financial challenges in the streaming era. All the while, record labels are collecting the majority of streaming revenue and seeing record profits. The 2018 Music Modernization Act attempted to address songwriters’ and streaming services’ financial problems by altering the factors considered by the Copyright Royalty Board in determining the mechanical royalty rates owed by streaming platforms to songwriters. A proper application of this newly instated factor test necessitates considering both songwriters’ and streaming services’ business operations and …

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

UC Law SF Communications and Entertainment Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually explicit speech …

A “Journey” Through Band Agreements, Jordan M. Whitford

UC Law SF Communications and Entertainment Journal

No abstract provided.

Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum

Loyola of Los Angeles Law Review

No abstract provided.

"And The Oscar Goes To . . .": Why The Academy Awards May Create Antitrust Drama With Proposed Eligibility Rule Changes, Armando Marin Iii

Cardozo Law Review

No abstract provided.

Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean

Michigan Technology Law Review

Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system.

This Article argues that, in fact, the literary genre of science fiction …

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

Faculty Scholarship

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …

Who Killed The Mockingbird?-An Analysis Of Community Theatres' Legal Standing Amid Copyright Disputes Over To Kill A Mockingbird And How To Protect Community Theatres, Yifan Li

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael Goodyear

Articles & Chapters

Bollywood and the Indian film industry have enjoyed enormous success as one of the largest producers of movies in the world. Yet despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, in U.S. and other films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty …

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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.

Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng

Pepperdine Law Review

In 2013 and 2015, the Ninth Circuit decided two nearly identical cases in which professional football players alleged a video game publisher used their likenesses without authorization in a game that simulates real football games. One plaintiff brought a false endorsement claim under the Lanham Act, while others brought state law right of publicity claims. That made all the difference. The Ninth Circuit found the First Amendment protected the game against the false endorsement claim, but not against the right of publicity claims. These contradictory results stem from court’s application of the Rogers v. Grimaldi test to Lanham Act claims …

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.

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.

Indoor Rock Climbing: The Nuts And Bolts Of Routesetting Copyright Protection Post-Star Athletica, Julie Tamerler

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Tobacco And The Small Screen: Why The Tvomb Should Restructure The Parental Guidelines, Courtney Leavitt

UC Law SF Communications and Entertainment Journal

This article summarizes the creation and workings of the TV Parental Guidelines and the Oversight Monitoring Board, potential First Amendment issues of a required rating system, and possible solutions to the problems of the current rating system. The TV Parental Guidelines and the Oversight Monitoring Board were created to fulfill requirements of the Telecommunications Act of 1996. The TV Parental Guidelines are meant to empower parents to control the content viewed by their children with useful ratings. However, the accuracy of ratings and understanding of the system are limited. Further, the complaint process is complex, with little authority to enforce …

Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson

Fordham Intellectual Property, Media and Entertainment Law Journal

The influence of social media in the 21st century has led to new social norms of behavior with individuals presenting themselves to others, whether physically or virtually, on various social media platforms. As a result, these new trends have led recent society to be characterized as a “presentational cultural regime” and a “specular economy.” In a Bakhtinian digital carnivalesque, internet memes present a feast of challenges to exceptions and limitations in copyright law. Memes encompass a wide range of expression about the human experience, while also existing as a playful mode of culturally permissible expression in online social communications rather …

Combating Fake News With “Reasonable Standards”, Tawanna D. Lee

UC Law SF Communications and Entertainment Journal

Fake news is an intractable concern around the globe, sowing division and distrust in institutions, and undermining election integrity. This Article analyzes the spectrum of private and public regulation of “fake news” from comparative law and normative perspectives. In the United States, combating fake news shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip Internet media companies of the liability shield for third-party content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. This Article argues for a different tact—an amendment to the Communications Decency Act that addresses …

A Post For Change: Social Media And The Unethical Dissemination Of Nonconsensual Pornography, Cecilia Grimaldi

UC Law SF Communications and Entertainment Journal

No abstract provided.

Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson

UC Law SF Communications and Entertainment Journal

No abstract provided.