Intellectual Property Law Commons^™

Joinder And Early Discovery In Bittorrent Copyright Infringement Lawsuits, Stefan Mentzer, Michael La Marca

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Legislative Pendency Proposal To Address The Consumer Harm Caused By The Broken Retransmission System, Marla S. Merchut

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Free Speech Institutions And Fair Use: A New Agenda For Copyright Reform, Hannibal Travis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why Collegiate Athletes Could Have The Ncaa, Et Al. Singing A Different Tune, Amber Jorgensen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Treating The Disease: A First Amendment Prescription For The U.S. Patent System, Stephanie A. Diehl

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Intellectual Property Securitization, Dov Solomon, Miriam Bitton

Cardozo Arts & Entertainment Law Journal

This Article aims to explore the securitization of intellectual property [hereinafter "IP"], introducing the promise of said financing method in the growing field of IP. In recent years, IP has become a major component of developed economics. Raising funds for research, development, and the creation of new inventions and works of authorship has never been an easy task. This Article, therefore, presents a review of securitization in the field of IP and in doing so makes a few major contributions. It offers a thorough discussion of securitization, its benefits, and its prominence over more traditional methods of financing, such as …

Bright Lights, Bright-Line: Toward Separation And Reformation Of The Transformative Use Analysis, Jennifer Yeh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"What Exactly Are You Implying?": The Elusive Nature Of The Implied Copyright License, Christopher M. Newman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Examining The § 271(E)(1) Safe Harbor Of The Hatch-Waxman Act: A Legislative Proposal Granting Mandatory Post-Marketing Exceptions, Jessica Chao

Cardozo Arts & Entertainment Law Journal

No abstract provided.

White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property, William G. Pearlstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Lo And Behold!: Does Tolerated Use Give An Incentive To Plagiarize? An Example Through The Music Of Bob Dylan, Julie Levine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Borrowed Fiction And The Rightful Copyright Position, Viva R. Moffat

Cardozo Arts & Entertainment Law Journal

Works of "borrowed fiction"-unauthorized sequels or retellings of literary works-have long prompted legal, cultural, and social backlash. With respect to copyright disputes, this is because borrowed fiction entails a range of legitimate but conflicting interests. Copyright law has historically elevated the interests of the "original" author over those of other writers and the reading public. Scholars have offered a range of proposals to counter this tendency, but these reforms have focused on the infringement analysis and the fair use doctrine. Each of those, however, involves a binary decision, one that is not amenable to accommodating the conflicting interests at stake. …

The "Dot" Times They Are A-Changin': How New Generic Top Level Domains (Gtlds) Will Change Consumer Perception About The Internet, Eric J. Shimanoff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright And The Fall Line, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel I: Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Katyal, Rebecca Tushnet

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, Daryl Lim

Cardozo Arts & Entertainment Law Journal

Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …

Personal Factory Or Catalyst For Piracy? The Hype, Hard Realities Of Consumer 3-D Printing, Charles W. Finocchiaro

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Graffiti Artists “Get Up” In Intellectual Property’S Negative Space, Al Roundtree

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Hangover Effect: May I See Your Tattoo, Please?, Craig P. Bloom

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Deconstructing Disintermediation: A Skeptical Copyright Perspective, Guy Pessach

Cardozo Arts & Entertainment Law Journal

This essay attempts to uncover the impacts of disintermediation in copyright law. I argue that contrary to the common view, within the political economy of networked communication platforms and the Internet, disintermediation in copyright law does not necessarily lead to its expected outcomes. Disintermediation may undermine cultural diversity, decentralization and authors' welfare no less than the traditional corporate media proprietary model. My analysis focuses on the manner in which disintermediation in copyright law tends to stimulate concentrated markets, which channel audience attention to a handful of mega networked intermediaries. The market and media power, which is then held by these …

Republican Study Committee Policy Brief: Three Myths About Copyright Law And Where To Start To Fix It, Derek Khanna

Cardozo Arts & Entertainment Law Journal

The following report was written by Derek S. Khanna, at the time a congressional staffer with the House Republican Study Committee ("RSC"), and was published by the RSC on November 17, 2012. The RSC placed the report on their website and an e-mail was sent to approximately 165 Members of Congress and their staff with this official report. Within twenty-four hours of its publication, the RSC removed the report from its website but did not issue a formal retraction. As a result of the events following publication of the report, Mr. Khanna no longer works for the RSC. What follows …

Reflection On The House Republican Study Committee Copyright Report, Derek Khanna

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why Can't We Be (F)Rands?: The Effect Of Reasonable And Non-Discriminatory Commitments On Standard-Essential Patent Licensing, Robert D. Keeler

Cardozo Arts & Entertainment Law Journal

This Note explores the effect of a patent holder's reasonable and non-discriminatory ("RAND") commitments to standard-setting organizations on their patent claims which are declared "standard-essential" by the standard-setting organization. It also analyzes the current standard-essential patent ("SEP") licensing system used by the majority of standard-setting organizations around the world and proposed modifications thereto.

This Note looks toward the current case of Microsoft v. Motorola Mobility, the recent Google Settlement with the Federal Trade Commission ("FTC"), and various calls for reform from other areas of the government. The Note concludes that it appears that we are moving toward a system in …

Gay Right To Terminate Under The 1976 Copyright Act, Alvin Deutsch, Jeremy A. Schachter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Affixing The Service Mark: Reconsidering The Rise Of An Oxymoron, Peter J. Karol

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel Iii: Politics And The Public In Ip & Info Law Policy Making, Michael J. Burstein, Derek Khanna, Jessica Littnan, Sherwin Siy, Richard S. Whitt

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Two Halves Of The Copyright Bargain: Defining The Public Interest In Copyright, Sherwin Siy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Refashioning The Right Of Publicity: Protecting The Right To Lfse Your Name After Selling A Personal Name Trademark, Francesca M. Montalvo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases, Courtney Brown

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa, Annemarie Bridy

Cardozo Arts & Entertainment Law Journal

No abstract provided.