Intellectual Property Law Commons^™

El Mercado De Pescado – The Dembow Fish Market Case: Browne V. Donalds, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The billion-dollar Latin music industry is facing its most formidable opponent yet: Steely & Clevie.[1] While this name may be unfamiliar, the musical duo has raised a crucial issue against a seemingly settled principle of copyright infringement: whether a rhythm is copyrightable.[2] The rhythm in question is reportedly an integral part of the entire genre of reggaeton.[3] Nonetheless, Steely & Clevie decided to sue over 100 Defendants—including Bad Bunny, the most streamed artist in the world—for copyright infringement across almost 4,000 songs.[4] Now, one copyright infringement case has the power to dictate the future of reggaeton and severely disrupt music …

Professor Jacob Noti-Victor Accepted To 2026 Harvard/Stanford/Yale Junior Faculty Forum, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Professor Jacob Noti-Victor was selected to present his paper, Copyright Litigation After Generative AI, at the 2026 Harvard/Stanford/Yale Junior Faculty Forum. Chosen through a competitive double-blind review process, his paper examines how generative artificial intelligence is reshaping copyright litigation and proposes procedural reforms to address emerging legal challenges.

A Corporation For Artists, Or An Artist’S Corporation?: An Analysis Of Colorado Bill 26-133, Andrea Yang

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Trade and art have been interlinked since the beginnings of artistic creation. Throughout history, one of the core tensions in the world of creativity has been between the creation of artistic work and economics of survival. With the advent of the internet and social media, democratization in access to the arts has demolished many of the classic gatekeepers that have historically prevented artists from creating and sharing their work. However, artists, musicians, and writers still face significant barriers in obtaining and retaining capital to support their livelihoods, frequently turning to alternate professions to sustain their work.

When Is Style Substance?, Jordi Fernadez Servitje

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

While we are all aware of our ability to judge a book by its cover, our critical eye extends beyond the face of the book and to the font it is printed in as well. Strictly speaking, font refers to the size, weight, and style of a particular letter, while typeface refers to the overall style and design of the script. The term font comes from the days of physical printing; the font was the metal stamp used for each particular letter. Physical fonts have become antiquated by the advent of digital printing, but in common vernacular, font has remained …

Cardozo Law Introduces New Course On Theatre Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law introduced Theatre Law, the first law school course devoted entirely to the legal framework of the live stage industry. Taught by Adjunct Professor Ben Feldman, the course explores contracts, intellectual property, labor relations, licensing, financing, and other legal issues unique to theatrical productions, providing students with specialized training in entertainment law.

The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On February 20, 2026, the U.S. District Court for the Central District of California denied a motion to dismiss filed by Defendant William Morris Endeavor Entertainment (WME) in a copyright infringement claim brought forth by Plaintiff StudioFest, a production company. It is alleged that WME’s film Together infringed on the screenplay of the movie Better Half, whose copyright is owned by the Plaintiff. The Plaintiff only claimed a screenplay violation and alleged that in 2020, it sent the full script and synopsis to the agents of codefendants Dave Franco and Alison Brie as part of an offer to have them …

Vetter V. Resnik: An International Dilemma, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Typically, copyright lawyers around the nation look to the Second Circuit, presiding over New York City, and the Ninth Circuit, similarly moderating Los Angeles, for pivotal intellectual property legal decisions. On January 12, 2026, however, the Court of Appeals for the Fifth Circuit released an opinion that has upended seemingly settled music publishing principles. Donald Passman’s textbook “All You Need to Know About the Music Business”, a source read by aspiring music industry professionals, describes termination rights as:

One of the best goodies that creators got in the 1976 Copyright Law is the right of termination. The termination provisions say …

Holding Isps Accountable? Secondary Liability And The Impact Of Cox V. Sony, Emma Steffes

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Supreme Court is currently considering a case that could significantly affect current secondary liability principles under copyright law: Cox Communications, Inc. v. Sony Music Entertainment. The case poses a deceptively simple question: asking when an internet service provider should be legally responsible for the illegal actions of its users? The answer could reshape the relationship between copyright owners, internet companies, and all online users.

Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law commemorates the life and legacy of Professor Monroe Price, who served as dean from 1982 to 1991 and helped shape the school's growth and academic identity. A pioneering scholar in media law and legal education, Price founded and advanced numerous signature programs at Cardozo while making lasting contributions to intellectual property, communications law, American Indian law, and international legal scholarship.

Redefining Superfans: Building Sustainable Fandom In A Monetization-Focused Industry, Heyman Center On Corporate Governance, Intellectual Property Law Society, Cardozo Fame Center, Cardozo Entertainment Law Society, Robert Piper, Esq., Erin Singleton, Mike Fiebach

2025–2026 Flyers

Join us to hear from three panelists on the rapidly evolving world of superfan engagement. Our panelists will speak on topics such as ownership of fan data, platform responsibilities, sync and acquisition strategies and ethical monetization models. Dinner provided.

• Robert Piper, Esq., Labor Relations Manager, Disney Theatrical Group 

• Erin Singleton, Founder and CEO, Softside

• Mike Fiebach, Founder and CEO, Mainfactor 

Your Face As Property: Ip Strategies Beyond Right Of Publicity, Nick Cipriani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service …

Terminating The Termination Policy Requirement: Protecting Internet Users And Service Providers By Expanding The Dmca Section 512(A) Safe Harbor, Michael Kritzer

Cardozo Law Review

The Digital Millennium Copyright Act of 1998 (DMCA) established “safe harbors” for Internet Service Providers (ISPs) against secondary liability for the copyright infringement perpetrated by their users. Among the requirements for eligibility for these safe harbors is a provision requiring ISPs to implement a policy for terminating repeat infringers. This Note proposes that Congress codify an exception to this termination requirement for a specific class of ISPs—“transitory” providers that solely provide internet access and do not control the information transmitted over their networks.

This Note examines the safe harbor and termination requirement through the lens of two recent secondary infringement …

Transformative Technology Or Blatant Theft: Reassessing Fair Use In The Era Of Generative Ai, Tsai-Lin Hsieh, Tsai-Fang Chen

Cardozo Law Review

The rapid proliferation of generative artificial intelligence (“AI”) applications in recent years has sparked a global “AI frenzy.” Yet, the rise of new AI technologies has also raised concerns about copyright infringement, particularly regarding whether generative AI developers should be held liable for using copyrighted works as training inputs and generating outputs that compete with original works. In response, AI developers have invoked a long line of technological fair use precedents to defend against any potential copyright infringement claims. The purpose of this Article is to offer insights into whether generative AI is a transformative technology that deserves fair use …

Orrick On Startup Law At The Intersection Of Business + Technology, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Orrick, Heyman Center On Corporate Governance

2025–2026 Flyers

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington and Sutcliffe to learn how top tech-focused law firms advise startups, founders and high-growth companies and how intellectual property strategy fits into corporate practice.

Orrick On Startup Law At The Intersection Of Business And Technology, Cardozo Fame Center, Cardozo Intellectual Property Law Society (Ipls), Samir Bakhru, Josh Beser

2026 Event Invitations

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington & Sutcliffe, to learn how top tech-focused law firms advise startups, founders, and high-growth companies, and how intellectual property strategy fits into corporate practice. Presented by the FAME Center and IPLS. Dinner will be provided.

The Fashion Law Names Cardozo A Top Law School For Fashion Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Fashion Law recognized Cardozo School of Law as one of its Top Law Schools for Fashion Law, highlighting the school's interdisciplinary curriculum, the FAME Center, and its student-run Fashion Law Society. The announcement also notes the upcoming celebration honoring Barbara Kolsun and the FAME Center's anniversary.

Design Patents: Protecting Creativity In The Marketplace, Intellectual Property Law Society, Cardozo Fame Center, Fashion Law Society

2025–2026 Flyers

Join IPLS, FLS, and FAME to learn how design patents safeguard innovative visual creations in fashion and technology and how attorneys use it to protect brand identity and creative expression.

Wednesday, February11th at 12:40pm, Room 423 Sign up using the QR code to reserve your spot!

Cardozo Law Student Anika Kazi Recognized During Grammy Week For Scholarship On Songwriters' Rights, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo Law student Anika Kazi was recognized as a finalist and runner-up during Grammy Week at the Entertainment Law Initiative (ELI) Luncheon for her paper, The Missing Guild: Why Songwriters Need Collective Bargaining Rights in the Streaming Era. Her scholarship examines collective bargaining rights for songwriters and proposes reforms to improve compensation in the modern streaming economy.

Should I Have Held Your Hand Or Can You Hold Your Own?: The Growing Confusion Over The Copyright Powers Songwriters Maintain Over Their Works, Mark Galinovsky

Cardozo Law Review de•novo

As online streaming and digital downloads continue to dominate the music business, songwriters are increasingly left to fight each other for tiny cuts of the profits. Additionally, a lack of consistent judicial rules and standards when adjudicating copyright infringement claims make litigation results uncertain, causing even potentially victorious defendants to agree to expensive settlements and frivolous grants of songwriting credits. This Note argues that in order to protect the future creative output of the music industry, judges and legislators should prioritize the dwindling power songwriters have over control of their original works of authorship.

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin J. Milczarek-Desai, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question andfinds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product's patent status conveys little information about whether it is superior to competing offerings. The results hold …

Spotify's Bundle Battle: Uncovering The Flaws Of The Music Modernization Act And The Struggle For Fair Royalties In The Streaming Era, Jessica Jilla

Cardozo Arts & Entertainment Law Journal

The note argues that Section 115 of the Music Modernization Act (MMA) is fundamentally flawed and fails to protect songwriters and publishers from systemic inefficiencies and exploitation. It contends that the current framework is too rigid to address emerging digital business models, necessitating a hybrid restructuring of the Mechanical Licensing Collective (MLC) and the statutory licensing system to ensure equitable compensation.

Seeing Is Believing? Deepfakes In Financial Markets, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

An AI-powered tool recently mimicked Warren Buffett's image and voice so convincingly that even his own family could have been deceived. This striking example highlights the transformative potential of voice cloning and deepfakes. This innovative technology leverages artificial intelligence (AI) to create hyper-realistic audio and video content. By blurring the boundaries between authenticity and synthetic creation, deepfakes make it possible to fabricate moments that never occurred. Recent advancements in AI and user-friendly software have made deepfakes more accessible andfurther contributed to the proliferation of deepfakes, enabling even individuals with minimal technical skills to produce compelling deepfakes at little to no …

Dancing On The Edge Of Copyright: Why Copyright Law Should Protect Short Dance Routines, Tianai Song

Cardozo Arts & Entertainment Law Journal

The note argues that the Copyright Act should be amended to extend legal protection to short dance routines, regardless of their complexity or duration. This expansion aims to prevent the unauthorized appropriation of distinctive movements and ensure that creators, particularly those from Black and marginalized communities, are fairly recognized and compensated.

Power Play: The Battle For Copyright Control In Emulation, Ryan Borja

Cardozo Arts & Entertainment Law Journal

The note argues that the current legal framework prioritizes commercial interests and developer rights over the preservation of older video games. To reconcile the tension between copyright protection and the public interest in cultural preservation, the analysis proposes legislative solutions such as compulsory licensing schemes or the creation of a dedicated federal preservation agency.

Some Respect Reserved? Survey Experiment Insights On The Perception Of Creative Commons And Copyright Infringement, Thomas H. Rousse

Cardozo Arts & Entertainment Law Journal

Since its inception, Creative Commons has introduced new ways for creators to grant licenses to the public without cost or the need for negotiation by breaking up rights provided by copyright and making a subset of those rights available to anyone willing to abide by the conditions of the license. Its widespread adoption has democratized open licensing for creators beyond the software context these licenses originated within. Although the success of Creative Commons as a community is plain, relatively little information is available about its perception by the general public. Aggressive litigation by Creative Commons licensors has put the organization …

Iconic Voices And Ai: The Legal Battle Against Voice Cloning, Ezra Ashkenazi

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In a recent interview with The Guardian, the legendary Hollywood actor, Morgan Freeman, expressed his distaste with AI’s use of his voice. Freeman went on to say, “I get paid for doing stuff like that, so if you’re gonna do it without me, you’re robbing me.” Freeman went further and said that his lawyers “[A]re already ‘very, very busy’ tackling unauthorized artificial intelligence uses of his voice.” While that is the last we have heard from Freeman and his legal team on the matter, this article will analyze the potential legal arguments one can bring to enjoin a company’s …

Did Copyright Fail Music Artists?, Rachel Landy

Articles

Music soundtracks our lives, supports over two million domestic jobs annually, and is listened to more than ever before. The record industry is thriving, having made over $17 billion in 2024. Yet, many professional artists are barely surviving. Artists signed to record deals lament royalty payments that amount to a fraction of a penny for each stream of their songs. So where is all the money going, and who, or what, is to blame? Public rhetoric and existing legislative proposals implicate copyright as a guilty party. But are those concerns justified?

This Article unpacks the music supply chain. It builds …

Did The Dodgers Ruin Baseball? Why Mlb’S Antitrust Exemption Stands In The Way Of A More Competitive League, Jack Ross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

After the Los Angeles Dodgers’ series win over the Milwaukee Brewers in the National League Championship Series, Dodgers manager, Dave Roberts, remembered that, “[b]efore the season started, they said, ‘The Dodgers are ruining baseball … Let’s get four more wins and really ruin baseball. Let’s go!’” Because of this win, Roberts and the Dodgers made good on their promise by going on to win their second straight World Series. No, the Dodgers did not ruin baseball, but their dominance is representative of the growing disparity in competition between large and small-market teams.

Trademarks And M&A: Acquiring Brands In Blockbuster Deals, Cardozo Fame Center, Heyman Center On Corporate Governance, Intellectual Property Law Society, Business Law Society

2025–2026 Flyers

Join us for a dynamic conversation on how top attorney safeguard and structure the value of iconic fashion brands in major M&A transactions. The panel will explore trademark due diligence, deal strategy, and how brand identity shapes negotiations in the luxury market.

Cardozo’S Sports Law Society And Antitrust Society Host House Settlement Lecture And Panel, Bradley Rosen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Panelists for the event: Professor Marc Edelman, Bob Boland (Partner, Shumaker LLP), Michael Hsu (Co-founder, College Basketball Players Association), Adam Dale (Partner, Winston & Strawn LLP), Neha Vyas (Associate, Winston & Strawn LLP), Paul McDonald (Managing Partner, PL McDonald Law LLC), and Chris Brolley (Associate, Troutman Pepper Locke LLP).

On Wednesday, November 12, 2025, Cardozo’s Sports Law Society and Antitrust Society hosted a lecture and panel discussion regarding the implications of the House v. NCAA lawsuit and settlement. This included the potential for future antitrust liability as a result of the settlement, Title IX implications, the employment status of college …