Intellectual Property Law Commons^™

The Ideas Of Journalistic Ethics Based On Pancasila For Multicultural Society, Sugeng Sugeng, Fristian Hadinata

International Review of Humanities Studies

This paper aims to show that journalistic code of ethics based on Pancasila is strongly related to multiculturalism morality as both emphasize inclusive ideas, respect for diversity, and the awareness of unity in diversity. The writers use descriptive qualitative library research in the field of philosophy to show meaning and objectively reveal philosophical essence. This method includes collecting and analyzing criticism of relevant literature related to multiculturalism, philosophy, journalistic ethics, and cyber media reporting. The result shows that the development of the internet technology has changed the way society live, and it has affected their preferences towards the elements of …

Comparison Of The Religious Meaning Of Water Festivals In Thailand And Laos, Tang Lin, Darmoko Darmoko

International Review of Humanities Studies

Both Thailand and Laos are predominantly Buddhist countries, following Theravada Buddhism. Influenced by Indian Buddhism, both countries celebrate several similar festivals, such as Songkran, Makha Bucha, Visakha Bucha, and Vixakha Souvana. Among all these celebrations, Songkran is considered the most lively, and this is the focus of this article. The article compares and analyzes the culture of Songkran in Laos and Thailand, including the festival's themes, cultural significance, and activities, to highlight the similarities and differences between the two. The cultural significance found in the Water Festival primarily stems from Indian cultural influences, while the differences in meaning are attributed …

Construction Of Femininity In Media Spectacle: The Phenomenon Of Indonesian Tiktoker Cross Gender Performances, Jiang Xue, Ade Solihat

International Review of Humanities Studies

In the development of the short video industry in Southeast Asia in recent years, cross gender performances by male bloggers have become a special cultural phenomenon that is rapidly emerging. It has become a new self media trend for male bloggers to imitate female images and construct femininity. This article uses media spectacle theory as a perspective to interpret the reasons for the rise, presentation methods and meaning construction of cross gender performances by Indone sian male bloggers. This article uses qualitative research methods, combining media spectacle theory and gender studies theory to research and analyze six Indonesian male bloggers. …

The Problem Of Indonesian Contract Brides In China And Its Implications For Cross-Border Marriage, Liu Xiang Mei

International Review of Humanities Studies

The rise of Indonesian contract brides in China has become a major focus that requires urgent action to protect their rights and well-being. The initiative aims to prevent exploitation in the context of cross-border marriages and ensure that such marriages are conducted fairly and legally. This situation arises from a number of factors, including difficult economic conditions, unlicensed intermediary operations, and a strong desire to live more prosperously. It also deals with issues of commercial marriage, human trafficking, and marital fraud, which require a careful and coordinated approach. Therefore, China should take steps to renew the international marriage law, enhance …

Ideology Of Disaster Education Trauma Handling Post-Earthquake In Picture Stories Book: Critical Discourse Analysis, Silvia Damayanti, I Nyoman Suarka, Maria Matildis Banda, Ketut Widya Purnawati

International Review of Humanities Studies

This research analyzes the ideology that the author intends to instill in picture storybooks for children in Japan. The study aims to explore how the author conveys the ideology of handling trauma in children after earthquake disasters. The objects of the study are two picture storybooks titled "Yuzuchan" and "Yappari Ouchi Ga Ii Na." The research was conducted qualitatively using the documentary data search method. The analysis was carried out with van Dijk's CDA theory and Peirce's Semiotics Theory. The results of the analysis reveal that "Yuzuchan" and "Yappari Ouchi Ga Ii Na" are picture storybooks produced to help children …

Nigerian Politicians And Language Use During Political Compaigns: A Studi Of Select Speeches, Miriam Stephen Inegbe

International Review of Humanities Studies

This essay appraised linguistic features in selected utterances of some prominent and leading Nigerian politicians during political rallies held between October and December, 2022. These utterances, which serve as data for this paper were extracted from some Nigerian tabloids like NaijaNews.com, Opera News, Politic.nigeria.com, RealMedia, Vanguard News, Voice of the People (VoP) and www.thisdaylive.com. In linguistics, utterances are viewed as unit of speech. The significant meaning of speech, therefore, embeds in the utterance which may provide a basis for social positions and further interpretative actions or decisions by the listener. The data for this study were eleven (11) purposively selected …

Children's Character Education Through Bondhan Payung Dance, Ari Prasetiyo

International Review of Humanities Studies

Education, especially children's character education, is very important. Education can be carried out in formal and non-formal educational institutions. One of the learning media that can be used is through traditional cultural arts.The traditional Javanese cultural art that is the object of this research is the Bondhan Payung dance, which is taught at Sanggar Ayodya Pala Cibinong and PPKB FIB UI. The selection of Bondhan Payung dance as the object of research with the consideration that in Bondhan Payung dance contained teaching values that are important for teaching children's character.This research uses a qualitative approach by applying the concept of …

Prosumer Behavior Of The Army Fandom Of Bts In Indonesia As A Form Of New Consumerist Society, Larassatti Dharma Nanda, Joesana Tjahjani

International Review of Humanities Studies

One of the most influential K-pop groups in the world is Bangtan Sonyeondan, abbreviated as BTS. BTS' success can also be determined by their extensive community of fans who create a fandom culture worldwide, including in Indonesia. This paper investigates the BTS fandom consumerism behavior, which is called ARMY, and its relation to Indonesia's participatory fan culture. This research focuses on how BTS's managing company creates a fandom image and how Indonesian fans react. This article is qualitative research using a literature review as the method. Analysis of this paper uses the consumerist society theory by Jean Baudrillard (1986) to …

Role Of Fat Talk On The Relationships In The Bruneian Chinese Society, Shee Ping Khoo, Brice Tseen Fu Lee

International Review of Humanities Studies

This research paper examines the role of “fat talk” in relationships in Bruneian Chinese society. “Fat talk” refers to negative comments about one's weight or body shape towards oneself or others. Using qualitative research methods, the study explores the perceptions and experiences of Bruneian Chinese individuals regarding “fat talk”, factors leading to the discussion of the topic, and its impact on their relationships with their peers. The findings suggest that while “fat talk” is prevalent in Bruneian Chinese society, it can have both positive and negative effects on relationships. The study aims to highlight the importance of addressing the “fat …

Copyright And Covid, Sean Flynn

Joint PIJIP/TLS Research Paper Series

During the COVID-19 pandemic it became widely recognized that speedier access to patent rights should be enabled to speed global scale-up of vaccine production. This understanding was expressed in a proposal by India and South Africa that the World Trade Organization suspend multilateral intellectual property rules on COVID vaccines, treatment and containment. The original waiver proposal proposed a suspension of WTO rules on all forms of intellectual property needed for a broad range of COVID-19 response measures, including “vaccination,” “treatment,” and “containment.” The final “TRIPS Waiver,” however, was ultimately limited to a minor provision of TRIPS permitting greater use of …

The Right To Research As Guarantor For Sustainability, Innovation And Justice In Eu Copyright Law, Christophe Geiger, Bernd Justin Jütte

Joint PIJIP/TLS Research Paper Series

Research is essential for scientific, cultural, and social advancement and will be crucial for the economic and societal recovery in a post-pandemic world. Restrictions to access and use of information contained in copyright-protected expression however can constitute significant hindrances to conducting research efficiently, especially since modern research methods rely on accessing, storing and processing large amounts of digitized data. Over the last decade, copyright in the European Union (EU) has undergone a process of constitutionalization, which saw a growing importance of fundamental rights arguments in policy- and law-making, as well as in the jurisprudence of the Court of Justice of …

Robots As Pirates, Henry H. Perritt Jr.

Catholic University Law Review

Generative AI has created much excitement over its potential to create new works of authorship in the literary and graphical realms. Its underling machine-learning technology works by analyzing the relations among elements of preexisting material in enormous databases assembled from publicly available and licensed sources. Its algorithms “learn” to predict “what comes next” in different types of expression. A complete system thus can become glib in creating new factual summaries, essays, fictional stories and images.

A number of authors of the raw material used by Generative AI engines claim that the machine learning process infringes their copyrights. Careful evaluation of …

The Second Digital Transformation Of Scholarly Publishing: Strategic Context And Shared Infrastructure, Tracy Bergstrom, Oya Y. Rieger, Roger C. Schonfeld

Copyright, Fair Use, Scholarly Communication, etc.

Today, the scholarly publishing sector is undergoing its second digital transformation. The first digital transformation saw a massive shift from paper to digital, but otherwise publishing retained many of the structures, workflows, incentives, and outputs that characterized the print era. A variety of shared infrastructure was developed to serve the needs of this first digital transformation. In this current second digital transformation, many of the structures, workflows, incentives, and outputs that characterized the print era are being revamped in favor of new approaches that bring tremendous opportunities, and also non-trivial risks, to scholarly communication. The second digital transformation requires shared …

Narrative Of Nationalism In Mise-En-Scene Of Biopic Soekarno: Indonesia Merdeka, Eric Gunawan, Bambang Wibawarta

International Review of Humanities Studies

This paper examines the national narrative presented in the biographical film Soekarno: Indonesia Merdeka (2014). The analysis employs a film studies approach to explore the interplay between visual and narrative strategies within the framework of Eisenstein's theoretical perspectives. Christian Metz's semiotic theory is utilized to decode the signs embedded throughout the film. The study focuses on the visual and narrative strategies employed in the biopic to elucidate the national narrative, particularly through the portrayal of the character Soekarno and his interactions with other key figures. Visual strategies, encompassing cinematography and mise-en-scene techniques, bring to light signs that are intricately linked …

The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza

Pepperdine Law Review

Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …

Give Or Take—Is The Droit De Suite A Taking Without Just Compensation?, Jeremy Cohen

Pepperdine Law Review

The Constitution mandates Congress to protect the arts and sciences directly by creating an exclusive right called copyright. However, visual artists such as painters, sculptors, and photographers in the United States still cannot participate in the significant profits from the secondary sales of their copyrighted works at public and private auctions. In over eighty countries worldwide, the droit de suite, also known as the Artist Resale Royalty (ARR), grants visual artists such royalties. Unfortunately, the United States currently lacks such a royalty, despite multiple unsuccessful attempts by Congress to pass federal legislation. Although California enacted its own version of the …

Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky

University of Miami Business Law Review

For the past several decades, technology has allowed us to create digital human beings that both resemble actual celebrities (living or deceased) or entirely virtual personalities from scratch. In the near future, this technology is expected to become even more advanced and widespread to the point where there may be entirely virtual celebrities who are just as popular as their flesh-and-blood counterparts—if not more so. This raises intellectual property questions of how these near-future digital actors and musicians should be classified, and who will receive the proceeds from their performances and appearances. Since, in the near-term, these entities will probably …

Royster Receives Lifetime Achievement Award, Retires From Nebraska

Copyright, Fair Use, Scholarly Communication, etc.

Paul Royster, coordinator for scholarly communication, completes his 19-year career at the University of Nebraska-Lincoln Libraries with a Lifetime Achievement Award from Elsevier Digital Commons for work on behalf of the faculty and students in the growth of the Universityʼs institutional repository (IR) and his innovations that have shaped the development of the platform.

Privacy’S Next Act, Erik Lampmann-Shaver

Washington Journal of Law, Technology & Arts

This Article identifies and describes three data privacy policy developments from recent legislative sessions that may seem unrelated, but which I contend together offer clues about privacy law’s future over the short-to-medium term.

The first is the proliferation, worldwide and in U.S. states, of legislative proposals and statutes referred to as “age-appropriate design codes.” Originating in the United Kingdom, age-appropriate design codes typically apply to online services “directed to children” and subject such services to transparency, default settings, and other requirements. Chief among them is an implied obligation to conduct ongoing assessments of whether a service could be deemed “directed …

Limits Of Algorithmic Fair Use, Jacob Alhadeff, Cooper Cuene, Max Del Real

Washington Journal of Law, Technology & Arts

In this article, we apply historical copyright principles to the evolving state of text-to-image generation and explore the implications of emerging technological constructs for copyright’s fair use doctrine. Artificial intelligence (“AI”) is frequently trained on copyrighted works, which usually involves extensive copying without owners’ authorization. Such copying could constitute prima facie copyright infringement, but existing guidance suggests fair use should apply to most machine learning contexts. Mark Lemley and Bryan Casey argue that training machine learning (“ML”) models on copyrighted material should generally be permitted under fair use when the model’s outputs transcends the purpose of its inputs. Their arguments …

Coded Social Control: China’S Normalization Of Biometric Surveillance In The Post Covid-19 Era, Michelle Miao

Washington Journal of Law, Technology & Arts

This article investigates the longevity of health QR codes, a digital instrument of pandemic surveillance, in post-COVID China. From 2020 to 2022, China widely used this tri-color tool to combat the COVID-19 pandemic. A commonly held assumption is that health QR codes have become obsolete in post-pandemic China. This study challenges such an assumption. It reveals their persistence and integration - through mobile apps and online platforms - beyond the COVID-19 public health emergency. A prolonged, expanded and normalized use of tools which were originally intended for contact tracing and pandemic surveillance raises critical legal and ethical concerns. Moreover, their …

Quantifying Civil Recovery In Hybrid Antitrust-Data Protection Harms, Jose Maria Marella

Washington Journal of Law, Technology & Arts

If digital platforms are found liable on hybrid antitrust-data protection violations, by how much should individual users be compensated? While traditional antitrust literature offers some estimation techniques, these methods were developed mostly around the idea that anti-competitive conduct manifests in supra-competitive prices, lost profits, or lost customers, all of which are easily quantifiable using commercially available evidence.

In digital markets, where antitrust violations are often intertwined with data protection issues, several complications arise. First, unlike transactions covered by traditional treble damage estimation techniques, “data-for-services” dealings are not evidenced by receipts. Second, personal data valuation is highly contextual and prone to …

Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman

Touro Law Review

As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …

Crypto-Counterfeiting, Joshua Fairfield

Scholarly Articles

The current crypto winter has given rise to a range of legal challenges. One of the most important sets of legal challenges goes to the heart of cryptocurrency. Cryptocurrency was intended to be non-duplicatable at will, that is, not to be counterfeitable. Blockchain technology is supposed to prevent token counterfeiting through a combination of game theory and cryptography that prevents normal users from simply ordering the system to generate more tokens for their benefit.

The difficulty is that blockchain software is still software. People in charge can order and program the software to generate many more tokens for those individuals’ …

Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Camilla A. Hrdy, Christopher B. Seaman

Scholarly Articles

There is a substantial literature on noncompete agreements and their adverse impact on employee mobility and innovation. But a far more common restraint in employment contracts has been underexplored: confidentiality agreements, sometimes called nondisclosure agreements (NDAs). A confidentiality agreement is not a blanket prohibition on competition. Rather, it is simply a promise not to use or disclose specific information. Confidentiality agreements encompass trade secrets, as defined by state and federal laws, but confidentiality agreements almost always go beyond trade secrecy, encompassing any information the employer imparted to the employee in confidence.

Despite widespread use, confidentiality agreements have received little attention. …

Confusion Over Trademark Extraterritoriality…And Beyond, Timothy R. Holbrook, Anshu Garg

Sturm College of Law: Faculty Scholarship

The Supreme Court had afforded the Lanham Act extraterritorial reach over seventy years ago in Steele v. Bulova, but its recent extraterritoriality jurisprudence called that decision into question.

This Article explains the history of trademark extraterritoriality and the splits that emerged among the circuit courts of appeals. It then canvases all of the Supreme Court’s recent decisions on the presumption against extraterritoriality and their effort to reinvigorate and standardize the law in that regard.

We then provide a detailed exploration of the Abitron decision. Next, we critique the decision and explore its implications not only for trademark law but also …

How The Supreme Court Ghosted The Phosita: Amgen And Legal Constructs In Patent Law, Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

This essay is an invited response to The Ghost in the Patent System: An Empirical Study of Patent Law’s Elusive “Skilled Artisan,” by Professors Laura Pedraza-Fariña and Ryan Whalen. In their piece, Pedraza-Fariña and Ryan Whalen offer an empirical study and use it to argue for a new conception of the Person Having Ordinary Skill in the Art (PHOSITA), patent law’s nod to the “reasonable person” construct.

As Professors Pedraza-Fariña and Whalen suggest, the PHOSITA should be understood as a crucial concept in patent law, warranting more scholarly attention. Pedraza-Fariña and Whalen provide that attention. They assert, based on an …

Relative And Absolute Patentability, Timothy R. Holbrook, Mark D. Janis

Sturm College of Law: Faculty Scholarship

In this Article, we define and interrogate a new typology for patentability rules. In our typology, some such rules are predominantly relative inquiries—meaning that they entail the use of discrete comparators—whereas others are predominantly absolute in that they lack this core comparative methodology. Selected patentability rules blend the characteristics of both relative and absolute inquiries in complex ways.

We leverage our relative/absolute typology in this Article to make two sets of contributions to the literature. First, we use our typology to craft a new descriptive account of the patentability doctrines. We show that the requirements of novelty and nonobviousness are …

Remembering Dr. Dmitry Karshtedt As A Scholar And Friend, Jonas Anderson, Sean Seymore, Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

Professor Dmitry Karshtedt was one of the preeminent patent law scholars of the past decade. Professor Karshtedt’s scholarship influenced the way that the Supreme Court thinks about patent law’s enablement doctrine. His work exploring the boundaries between patent law and tort law led to significant change in various areas of patent law. His work on nonobviousness changed the conversation about patent law’s most important doctrinal area. This article pays homage to Professor Karshtedt’s influential scholarship, illuminating his profound impact on the field while offering a glimpse into the enduring friendship shared by the authors and Professor Karshtedt.

What's The Use? The Structural Flaw Undermining Warhol V. Goldsmith, Peter J. Karol

Law Faculty Scholarship

This article argues that the Supreme Court’s recent and significant ruling in Warhol v. Goldsmith suffers from a foundational error that jeopardizes its value as precedent. Namely, the Court conceptualized the fair use defense at issue as arising from the alleged infringer’s “commercial licensing” of an Andy Warhol silkscreen to a non-party magazine publisher. But commercial licensing is neither a copyright use nor an act of infringement. It is the passive grant of permission to another to use the licensed work and a promise not to sue. It is incoherent to raise or evaluate fair use as a defense to …