Intellectual Property Law Commons^™

Is The Game Rigged? Why Sports Betting Is Becoming A Legal Time Bomb, Lawrence Kirzhner

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The International Olympic Committee defines “competition manipulation” as “when the result of a tournament or competition is partially or completely decided in advance and the match is played to ensure the pre-determined outcome.” Considering the Olympics hosts 43 sports, this definition can probably be applied to many, if not all, sports around the globe. While it is against the rules of sportsmanship as well as against the law, athletes “who bet on their sport might be tempted to fully or partially manipulate their competition in order to receive financial gain.” The sports world has experienced many scandals of manipulated competition …

Copyright And Ai, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Cece Cole, Hon. Saliann Scarpulla

2025–2026 Flyers

No abstract provided.

The Life Of A Copyright, Annabel Haddock

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On August 23rd, 2021, stand-up comedian Caroline Timoney posted a TikTok video where she stated, “I fear I may have girl bossed a little too close to the sun.” The video went viral and, to this day, it is her most viewed post on the platform, with upwards of seven and a half million views as of October 13, 2025, and over twenty-four thousand videos reposted using her audio. Taylor Swift’s twelfth and most recent album, The Life of a Showgirl, was released on October 3rd, 2025, and includes a song titled “CANCELLED!” featuring the lyric “Did you girlboss …

From Bets To Threats: The Impact Of Murphy On Student-Athletes, Rachel Bender

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The United States is experiencing a surge in the sports betting market following the Supreme Court’s 2018 decision to open the door for legalization. College sports, a beloved tradition for decades, has only become more popular with the rise of social media, which allows fans to interact with the athletes directly without ever leaving their homes. Due to this accessibility and popularity, it is easy to see why sports betting and collegiate sports would go hand in hand. With the legalization of sports betting, fans are no longer just viewers of the game; they are investors. Fans can place proposition …

Does The Pto Have The Power To Ask Where You Sleep At Night? Pamela Chestek, The Patent Act, And The Apa Say No, Jessica Manzon

Cardozo Law Review

Imagine this scenario: You apply for a trademark, following the longstanding practice of listing your business’s PO Box on the application. Days later, you receive a notice from the U.S. Patent and Trademark Office (PTO): Your application was rejected for failure to disclose your domicile address—a requirement imposed under the 2019 U.S. Counsel Rule. Having previously suffered harm from making your home address public, you are understandably reluctant to expose it again for something as routine as a trademark application. You stand firm in withholding your domicile address, citing privacy concerns. As a result, your application remains denied, and when …

Fairer Public Benefit In Copyright Law, Amanda Levendowski Tepski

Cardozo Law Review

In 1966, a court considered expressly whether a secondary use of copyrighted works served a public benefit. While public benefit has become a subfactor of the fair use doctrine, it remains undefined, uncodified, and undertheorized. Courts often invoked public benefit in pivotal cases involving novel technologies, from home video recorders to digital libraries to algorithms—but they did not need to. After the recent Supreme Court decision in Google v. Oracle, however, public benefit is unavoidable: The Court stated that “we must take into account the public benefits the copying will likely produce.” A qualitative analysis of key public benefit cases …

Why It Is In The Ncaa’S Best Interests To Recognize College Athletes As Employees, Bradley Rosen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The past decade has seen an onslaught of high-profile litigation against the National Collegiate Athletic Association (NCAA). The litigation has almost exclusively consisted of claims alleging that some of the NCAA’s policies constitute anticompetitive practices under U.S. antitrust laws. In National Collegiate Athletic Association v. Alston, the Supreme Court ruled that, by limiting the education-related benefits schools were allowed to offer student athletes, the NCAA violated the Sherman Antitrust Act. However, the main takeaway from Alston was the concurrence by Justice Kavanaugh, which emphasized that while “the Court does not address the legality of the NCAA’s remaining compensation rules …

The Resurgence Of The Rap Act: Why Industry Professionals Enthusiastically Support This Bill, Ansley Henderson

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Artists release music and write songs to create art, not to offer any sort of criminal confession. Yet, dating back to a 1996 criminal trial involving Snoop Dogg, artists’ lyrics have been admissible as evidence in criminal and civil trials. Most recently, rapper Young Thug, was accused of being the head of a violent gang based solely on lyrics from his songs as evidence. His case sparked nationwide controversy regarding the constitutionality of his lyrics being admitted as key evidence at trial. The rapper’s popular music collective known as “Young Stoner Life,” was posited by prosecutors to actually be a …

Intro To Ip Law, Cardozo Fame Center, Intellectual Property Law Society

2025–2026 Flyers

Join us for an engaging session on the fundamentals of intellectual property law !

Soundexchange V. Sirius Xm: A Battle On Two Fronts, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the United States, when an artist’s sound recording or track is played by a servicer like Pandora or satellite radio, a digital public performance royalty for the sound recording is collected by the organization, SoundExchange, or it may be negotiated between the parties via direct licenses. These non-terrestrial broadcast platforms perform in a non-interactive manner (i.e. the platform picks the tracks for the consumer to listen to) as opposed to in an interactive manner (i.e. listener picks the track) by a platform such as Spotify or Apple Music.

Music Executives From Universal Music Group Speak To Cardozo’S Entertainment Law Society, Ansley Henderson

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On Thursday, August 21, 2025, Cardozo’s Entertainment Law Society hosted a panel discussion with Jermaine “Maine” Maxwell (A&R at Def Jam, Universal Music Group), Shaniqua “Haarlem” Branch (VP of A&R at Republic Records, Universal Music Group), Trevor Casson (Senior Director Business & Legal Affairs at Universal Music Group for the East Coast labels), and Rachel Landy (Cardozo Professor with over a decade of experience in the music industry). The panel was moderated by Brennan Gerspach (Entertainment Law Society Music Co-Chair, Class of 2027). The event was promoted to students as, “From Studio to Statute: Navigating Creativity, Innovation, and Law …

Jefferson Et Al. Reply, Osmat Jefferson, W. Nicholson Price Ii, S. Sean Tu, Saurabh Vishnubhakat, Arti K. Rai

Articles

Notwithstanding Amgen’s strenuous objections, the core premise of our article should be uncontroversial to most policy analysts: biosimilar firms that simply want to manufacture an originator biologic in the manner it was manufactured at the time of US Food and Drug Administration (FDA) approval should be able to enter the market expeditiously once valid manufacturing (and other valid patents) that legitimately cover the ‘at approval’ biologic have expired. Our core premise relies on the widely accepted values of patent validity and notice. Instead of expensive litigation discovery fights over such ‘at approval’ issues, of the sort Amgen itself has spearheaded …

The Legal Vacuum In Cognitive Privacy And Brain Data, Kayla Flanders

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There is an entire world emerging—technology capable of interpreting our brainwaves to predict which ads we’ll respond to, lift our moods, or queue the perfect playlist. U.S. patent filings in neurotechnology are soaring, mirroring the surge seen in gene-editing innovations.

Yet while gene-editing tools have sparked fierce public and ethical debate, neurotechnology companies are quietly amassing vast troves of brainwave data with far less scrutiny. What legal or ethical constraints are in place to govern the collection, use, or commercialization of this deeply personal data? Positioned at the intersection of data privacy, intellectual property, and scientific innovation, these questions demand …

“Going Once, Going Twice, Sold!” The Case For Resale Rights For Visual Artists In The United States, Alice Darakhchava

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Resale rights can be understood to be a form of royalty payments that compensate visual artists for subsequent sales after the initial sale of their artwork. In contrast to the schemes available to music artists in the United States, who receive payment for subsequent use of their works through licenses for public performance, synchronization licenses, or mechanical licenses, visual artists lack the ability to profit from the resale of their creations. This discrepancy separates the United States from the approaches to resale rights in many European countries and other countries that have adopted this system. Countries that recognize resale rights …

Us Supreme Court Reopens Door For Restitution Of Nazi Stolen Painting, David Seen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The looting of works of art during World War II represents one of the most significant cultural thefts in history, with the Nazi state seeking to enrich itself by seizing property of the people it persecuted. The Nazis systematically seized thousands of invaluable works of art and cultural assets from museums, galleries, and private collections across Europe. The methods of seizure ranged from barefaced theft to indirect means such as forcing individuals to sell their property to finance their flights into exile. Due to the fact that many works of art were not looted directly but seized through indirect means, …

Cardozo Aelj’S Spring 2025 Symposium Delves Into The Implications Of Artificial Intelligence On Copyright Law And Publicity Rights, Cardozo Art & Entertainment Law Journal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo Arts and Entertainment Law Journal is pleased to present the 2025 Arts and Entertainment Law Journal Symposium: Fake It Till You Make It?: Striking the Right Balance Between Innovation, Publicity Rights, and Copyright. This event will bring together leading scholars and industry experts to explore the legal challenges posted by AI-generated voices, deepfake performances, and digital replicas.

The Legal Reckoning Of Reality Television: Contestant Rights And Producer Responsibilities, Tyler Caffrey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Reality television has become a dominant force in modern entertainment. Behind the scenes, however, contestants face serious legal and ethical concerns. Many reality TV participants allege exploitative working conditions, misleading contracts, and inadequate compensation. Traditionally, networks classify contestants as independent contractors, exempting them from labor protections such as minimum wage and overtime pay.

The Puzzle Of Biologics Manufacturing Platform Patents, Osmat Azzam Jeferson, W. Nicholson Price Ii, S. Sean Tu, Saurabh Vishnubhakat, Arti K. Rai

Articles

The predominance of manufacturing process patents asserted in litigation by originator biologics companies against would-be biosimilar entrants has resulted in a number of Congressional and administrative agency proposals that could increase scrutiny and limit enforceability.

Motion For Leave To File Brief Of Law Professors Sarah Fackrell, Eric Goldman, Elizabeth Rosenblatt, And Saurabh Vishnubhakat As Amici Curiae In Support Of Defendant-Appellee And Affirmance, Saurabh Vishnubhakat

Amicus Briefs

Amici professors Sarah Fackrell (who previously published under the name Sarah Burstein), Eric Goldman, Elizabeth Rosenblatt, and Saurabh Vishnubhakat, respectfully move for leave to file a brief in support of Appellee in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3). The brief is being tendered herewith. All parties have received notice of the filing of this brief. Counsel for Appellee AccEncyc US consents to the filing; counsel for Appellants Jacki Easlick LLC, JE Corporate LLC, indicated, after multiple requests over a seven-day period, that they are unable to state a position on the filing of the …

The Case For A New International Instrument On Copyright Limitations And Exceptions, Faith O. Majekolagbe

Cardozo Arts & Entertainment Law Journal

A new international instrument on copyright limitations and exceptions (L&Es) is pertinent to fostering education and research and enhancing the work of educational, research, and cultural institutions, including libraries, archives, and museums. The existing international instrument on L&Es, the Marrakesh Treaty, sits alone amongst many international copyright instruments for the protection of rightsholders, the Marrakesh Treaty only covering exceptions for print-disabled persons. There is currently no international obligation on countries to guarantee the interests of copyright users in education and research through a set of copyright limitations and exceptions. This has signficant negative effects on access to education and research …

Empowering Digital Consent: A Risk-Focused Due Diligence Tool, Bar Fargon Mizrahi

Cardozo Arts & Entertainment Law Journal

We live in an era of almost infinite digital interactions, many of which involve risks to our rights stemming from various problematic practices, such as data-protection infringements, user profiling, and consumer protection violations. Currently, the protection of digital consumers against these risks rests primarily on a "notice-and-consent" regulatory model-users are legally presumed to have consented to the terms of service (ToS) and privacy policy agreements (PPAs) of the digital services they use. In reality, despite the gravity of the risks involved, users routinely fail to study these binding agreements. Thus, it is widely accepted that this model is ineffective at …

Language Models' Verbatim Copying: Copyright Infringement Analysis Through The Lens Of The New York Times Co. V. Microsoft Corp., Openai, Inc. Et Al., Tian "Tony" Chen

Cardozo Arts & Entertainment Law Journal

In their high-profile suit in late 2023, The New York Times Company ("The Times") alleged that OpenAI's Generative Pre-trained Transformer (GPT) language models might output "near-verbatim" copies ("memorizations") of the works of The Times based on certain user prompts and thus might have infringed on The Times's exclusive rights over its content. One of the central issues is whether the embodiment of unauthorized reproductions of Times content in the GPT models constitutes a copyright infringement. This comment argues that OpenAI might have a colorable fair use affirmative defense despite the plaintiff's prima facie copyright infringement claim.

Existing literature on the …

Harmonizing Copyright: Navigating Pop Music's Creative Landscape In The Era Of Arnstein And Krofft, Evan Joseph

Cardozo Arts & Entertainment Law Journal

This Note explores how the Arnstein and Krofft tests negatively impact pop music in an age where pop music is constantly evolving. It discusses the specific ways in which the tests can discourage creativity, innovation, and fair competition in the pop music industry. It also argues for reform of copyright law to address the shortcomings of the Arnstein and Krofft tests. Part I defines and provides a brief overview of the history of pop music and copyright infringement, while also discussing the importance and economic value of pop music in society. This Part also explains the gravity behind these claims, …

Al Assisted Inventing And Its Impact On The Patent System, Ben Gross

Cardozo Arts & Entertainment Law Journal

The note examines the challenges posed by AI-assisted inventing to the patent system, particularly focusing on the "black box" nature of AI, which obscures the inventive process and complicates patent requirements such as inventorship and disclosure.

Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered, Riann Colbert

Cardozo Arts & Entertainment Law Journal

The proliferation of "Superfake" luxury goods, which are high-quality counterfeit items nearly indistinguishable from authentic products, poses significant challenges to trademark law, consumer protection, and the broader economy. These items, often sold through e-commerce platforms, not only undermine legitimate businesses but also expose consumers to health risks, support organized crime, and perpetuate environmental harm. The note advocates for enhanced legal frameworks and consumer education to mitigate these issues.

Spotify's Dj Algo: An Analysis Of Copyright Infringement Risks In A.I.- Powered Music Curation, Eddie Halwani

Cardozo Arts & Entertainment Law Journal

The note examines the legal and policy implications of Spotify's AI-powered music curation, arguing that while its use of copyrighted material may constitute copyright infringement, it qualifies as fair use under the transformative and non-expressive purposes doctrine. However, the analysis highlights the need for economic reforms to ensure equitable compensation for rights holders and sustainable innovation.

Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes

Cardozo International & Comparative Law Review

The note explores the transformative impact of artificial intelligence (AI) on the fashion industry, highlighting its potential to enhance efficiency, innovation, and customer experience. However, it underscores the critical legal and ethical challenges, including data privacy, intellectual property rights, supply chain transparency, and diversity issues, that must be addressed to ensure responsible and equitable adoption of AI technologies.

Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban

Cardozo Journal of Conflict Resolution

This Note will argue that Alternative Dispute Resolution ("ADR") can successfully be utilized to mediate disputes between parents and social media platforms to facilitate account access in certain instances where a minor child has passed away in a manner that warrants answers. This Note will argue that the rise in mediation being used to resolve probate issues and reform of arbitration use amongst social media platforms, coupled with the continued increase of minors using social media, indicates opportunities for settlements between parents and platforms. This Note will then propose a multi-tiered approach, that would first utilize a conciliator who is …

Three-Stripe Life: How Adidas Can Act As A Model In Trademark Disputes By Promoting Internal Alternative Dispute Resolutions, Adam Gaudet

Cardozo Journal of Conflict Resolution

This Note will propose that large brands with broad trademarks develop internal strategies and departments which facilitate preemptive mediation and negotiations with smaller designers, ultimately deescalating disputes before any formal legal issues arise. These negotiations and mediations could lead to brand collaborations and new business ventures, could persuade smaller brands to stop their intellectual property infringement, and, in the least ideal situation, lead to a lawsuit. The strategies outlined in this Note, while focused on Adidas, can be applied by other fashion companies as well, as large brands often own many broad trademarks that small businesses might accidentally use. Businesses …

A Comparative Approach To Documentation Methods And Avoiding Transfer Pricing Penalties: Is The United States Justified In Its Approach Of Enforcing Penalties Under Section 6662?, Atalya Santos

Cardozo International & Comparative Law Review

No abstract provided.