Intellectual Property Law Commons^™

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Useful Article Or Creative Design: Varsity Brands, Inc. V. Star Athletica, Llc, Kristy Diesner

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Examining The Seventh Circuit's Repudiation Of The Transformative Fair Use Analysis: Kienitz V. Sconnie Nation, Llc, Alexandra Navratil

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Authors Guild V. Google, Inc., 804 F.3d 202 (S.D.N.Y. Oct. 16, 2015), Victoria Campbell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Kirtsaeng V. John Wiley & Sons, Inc., 136 S. Ct. 1979 (2016), Eric Garcia

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Phoenix Entertainment Partners V. Rumsey, 829 F.3d 817 (2016), Jordan Melvin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Legal Perspective On The Protection Of Underwater Cultural Heritage Resources In The United States: Is The Abandoned Shipwreck Act Lost At Sea, Or Is It Worthy Of Salvage?, Jeffrey Cohn

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Bilinski V. Keith Haring Foundation, Inc., No. 14cv1085 Dlc, 2015 Wl 996423 (S.D.N.Y. Mar. 6, 2015), Lauren Bursey

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Ariosa Diagnostics, Inc. V. Sequenom, Inc., Sukhpal Kooner

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

From Running Touchdowns To Running Away With The Casket: Thorpe V. Borough Of Jim Thorpe, Madelaine Thomas

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Oracle V. Google, Deba Alam

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Stolen Art And The Act Of State Doctrine: An Unsettled Past And An Uncertain Future, Natalie Rogozinsky

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Owning Colors, Deborah R. Gerhardt, Jon Mcclanahan Lee

Cardozo Law Review

Color is powerful. Historically, colors have been invested with mystical, symbolic, and religious significance. We are biologically wired to respond to color cues. A particular color may stimulate emotion, activate memory, and influence perception of the passage of time. Yet the omnipresence of color in our visual world is just the beginning of the story. We have learned to attach many meanings to colors through our lived experiences. Colors have become heuristics for even our abstract ideas. They connect communities. They unite and divide sports fans. They may be shorthand for gender identity, sexual orientation, race, and political identity. Although …

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …

Stream Ripping: A Copyright Infringement Epidemic, Darla Testino

Backstage Pass

No abstract provided.

An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista

Loyola of Los Angeles Entertainment Law Review

This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this …

Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use, Natalie Marfo

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the past decade, YouTube saw an upsurge in the popularity of “Let’s Play” videos. While positive for YouTube, this uptick was not without controversy. Let’s Play videos use unlicensed copyrighted materials, frustrating copyright holders. YouTube attempted to curb such usages by demonetizing and removing thousands of Let’s Play videos. Let’s Play creators struck back, arguing that the fair use doctrine protects their works. An increasing number of powerful companies, like Nintendo, began exploiting the ambiguity of the fair use doctrine against the genre; forcing potentially legal works to request permission and payment for Let’s Play videos, without a determination …

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether …

Digital Sampling V. Appropriation Art: Why Is One Stealing And The Other Fair Use? A Proposal For A Code Of Best Practices In Fair Use For Digital Music Sampling, Melissa Eckhause

Missouri Law Review

This Article examines the disparate treatment of music and visual arts sampling under copyright law. Not only does this Article argue that the more liberal fair use principles adopted in recent visual arts cases should be applied to digital music sampling, but it also sets forth a preliminary Code of Best Practices in Fair Use for Digital Music Sampling (“Digital Music Sampling Code”).

Digitial Art & Blockchain Spring Symposium, Cardozo Arts & Entertainment Law Journal, Cardozo Intellectual Property And Information Law Program, Cardozo Fame Center

2018–2019 Flyers

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

How Playlists Broke The Internet: An Analysis Of Copyright In Playlist Ownership, Tori Misrok

Cardozo Law Review

Part I of this Note discusses the prevailing understanding of copyright law and the Copyright Act's existing statutory scheme that governs copyright protection for artistic and creative works. This Part also explains the implications of such categorizations on how the courts deem which works are sufficiently original and creative to receive federal copyright protection. Part II delineates the history and rise of digital music streaming services and playlists and how copyright law protections may apply to them. Part III examines the application of federal copyright law to playlists. In doing so, this Part determines whether playlists are compilations and, if …

Harvey Of Hollywood: The Face That Launched A Thousand Stories, Sara Khorasani

UC Law SF Communications and Entertainment Journal

In the fall of 2017, the world was shaken by allegations of sexual misconduct against one of Hollywood’s high-powered movie moguls. The Harvey Weinstein scandal exposed countless accounts of sexual harassment and abuse, along with the settlement agreements that had kept them covered for decades. Since then, social movements have helped knock Harvey off his Hollywood throne and shed light upon a major concern plaguing the entertainment industry. This paper seeks to address how to effectively change an industry that has long bred a systemic culture of sexual harassment and discrimination. Under the accepted norms of Hollywood, victims of sexual …

Mixed Messages: How The Free Press Has A Responsibility To We The People At The Marketplace Of Ideas, Addison O’Donnell

UC Law SF Communications and Entertainment Journal

The Free Press makes possible a fair democracy. It exerts influence on our communities and our consciences, principally in the form of reporting facts through its account of events, endorsing certain viewpoints through editorials, and ultimately producing the “first rough draft of history.” How the public responds to the Free Press speaks to the historic and continued expectation that many different voices should present divergent messages and allow the people to decide which message is the truth. Risks taken by the Free Press in the name of truth enable the theory of our Constitution to endure by facilitating the unbridled …

Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow

Law Faculty Scholarship

[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

What Are We To Do With Deposit Copies?, Sadie Zurfluh

Marquette Intellectual Property Law Review

One of the problems courts are faced with today is determining what happens with unpublished works registered under the 1909 Act: can only the sheet music filed with the deposit copy come into evidence when comparing two works as substantially similar? In 2015, the district court in Williams v. Gaye addressed the issue; however, the Ninth Circuit declined to decide the issue on appeal.8 Later in 2018, in Skidmore v. Zeppelin (“Skidmore”), the Ninth Circuit concluded that when dealing with unpublished works under the 1909 Act, the deposit copy defines the scope of the copyright. Part I of this comment …

The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach

Marquette Intellectual Property Law Review

This comment will address how the TDRA has left famous mark holders, particularly high-end fashion house Louis Vuitton, with little in its arsenal to prevent others from mocking and devaluing its marks despite its worthy efforts. Part II addresses the relationship between trademark infringement, dilution, and parody. Part III takes a closer look at fashion giant Louis Vuitton’s strides to protect its famous marks and the courts’ differing approaches to assessing whether a parody exists. Part III also addresses the relationship between parody when it does and does not operate as a designation of source. Part IV offers a discussion …