Intellectual Property Law Commons^™

Victims’ Rights Or The Public’S Right To Know: Rethinking The Boundaries Of The Right Of Publicity In True Crime, Millicent F. Dye

Journal of Intellectual Property Law

Advancements in technology and the development of new online platforms have paved the way for true crime to become one of the most popular genres today. While some believe true crime content is akin to news reporting, others have raised ethical concerns and believe that victims’ identities should be protected by a right of publicity.  The key is to find a balance between protecting victims and protecting free speech. This Note explores the right of publicity laws in a select few countries and addresses the shortcomings of the current approaches. This Note asserts that certain true crime content must be …

Unplugging The Federal Right Of Publicity: Why Existing Laws Can Protect Artists Without A Federal Right Of Publicity, Ashley L. Burgess

Journal of Intellectual Property Law

The rapid rise of artificial intelligence(AI)in music creation has sparked concern over how the rights of artists can remain adequately protected from unauthorized uses of their voices, likeliness, and stylistic elements. A popular proposed solution to this complex problem is the creation of a federal right of publicity. Proponents of this solution stress that it would provide artists with a unified legal framework to better protect the commercialized use of their identity.

This paper argues that a federal right of publicity is neither necessary nor the most efficient solution to address the challenges posed by AI music. A federal right …

No Patent Attorney In Their Right Mind: How Jepson Claims Clarify Subject Matter Eligibility Post-Mayo, Jared M. Brown

Journal of Intellectual Property Law

Patent practitioners have gradually shelved Jepson claims for four decades. In those four decades, Supreme Court patent subject matter eligibility jurisprudence has taken a roller-coaster ride from an ancient point-of-novelty approach through the days of Diamond v. Diehr and back to a modernized arguably point-of-novelty-focused approach again in Mayo and Alice. In the absence of congressional action, the Federal Circuit has been left to deal with the aftermath. The inventive landscape—particularly with regard to biotech and software—is shifting fast, and our patent scheme is struggling to keep up.

In the case of software inventions, the Federal Circuit has largely …

Patents In Paradise: The Evolution Of Patent Law In The Cayman Islands, Andrew W. Torrance, Andrew P. Morriss, Lisa C. Friedman

Journal of Intellectual Property Law

This study examines the Cayman Islands’ unique position in the global intellectual property (IP) landscape, contrasting its success as an exporter of financial and legal services with the inherently domestic nature of patent protection. We hypothesize that due to this limitation, the Cayman Islands functions as a strategic, cost-effective jurisdiction for augmenting patent protection initially obtained elsewhere. Our research provides the first comprehensive analysis of Caymanian patents, and through a quantitative examination of patent family data—including filing trends, economic valuation, geographic distribution, and assignee profiles—we find strong empirical evidence to support this thesis.
Our findings reveal a disproportionate presence of …

Toward A Transformative Fair Use Standard After Warhol, Sangwook Park

Journal of Intellectual Property Law

The Supreme Court’s 2023 decision in Andy Warhol Foundation v. Goldsmith narrowed the transformative fair use inquiry but left unresolved where derivative adaptation ends and genuine transformation begins. This article proposes that the Purpose-Expression Shift (PES) Framework can supply that missing line, a dual-pronged standard rooted in § 107(1) that asks (1) whether the secondary work serves a purpose meaningfully different from the original and (2) whether its expressive alterations are tailored to realize that new purpose. Mapping two decades of case law onto a four-quadrant matrix, this article shows how the PES Framework can predict outcomes under first factor …

The Transatlantic Clinical Trial Transparency Gap, Gabriela Lenarczyk

Journal of Intellectual Property Law

Clinical trial data occupy a contested space between private commercial assets and public goods. While the United States Food and Drug Administration (FDA) has historically shielded these data through expansive trade-secret interpretations, the European Union (EU) has adopted a more open disclosure regime. This Article compares the two regimes and traces how the EU’s two-decade journey toward transparency has become a key reference for researchers and advocates of open data-sharing.

Focusing on EU practices—targeted redactions, time-bound access, granular disclosure guidelines—the paper shows that U.S. objections to broader transparency often rest on overstated concerns about competitive harm. A Filspari (sparsentan) case …

The Free Content Illusion, Jonathan M. Barnett

Journal of Intellectual Property Law

Conventional scholarly wisdom tends to discount the importance of copyright as a tool for delivering remuneration to the artists that sustain the digital creative ecosystem or as an enabling mechanism that facilitates the licensing, distribution, and financing transactions that constitute the economic infrastructure of the media and entertainment industries. This position runs counter to the evolution of digital content markets, which have experienced renewed investment and growth concurrently with the development of technological tools that have enabled content owners to correct for the “copyright deficit,” regulate access, and extract payment from platforms and users. This result conforms to standard economic …

Framing Harmonization: Illusion And Reality In The Riyadh Design Law Treaty, Christine Farley, Margo Bagley

Editorial Contributions

Introduction:

From the outside, the Riyadh Design Law Treaty (RDLT) has long appeared as a modest administrative measure. Negotiated in the World Intellectual Property Organization (WIPO) Standing Committee on Trademarks (SCT), it has repeatedly been characterized as a “procedural treaty” concerned with filing formalities rather than substantive reform. The contrast with the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) is striking. Both treaties were adopted in 2024 after 20+ years of negotiation. But only the GRATK Treaty attracted sustained scholarly and civil society engagement; the RDLT attracted almost none.

The Eunomics Of Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship

Originally developed by the legal theorist Lon L. Fuller, eunomics is the “study of good order and workable arrangements,” directed at understanding the structure, form, or ordering adopted by an area of law. Yet, unlike the ordinary analysis of institutional design, eunomics views the form adopted by an area of law as neither preordained nor wholly contingent. Instead, eunomics sees form as playing an important role in clarifying and developing the goals of an area through a means-ends interaction. This Article develops the central insights of Fuller’s eunomics project for intellectual property. Until now, most theoretical accounts of intellectual property …

Publicity Rights After Warhol, Mark Bartholomew

Journal Articles

Andy Warhol has been proclaimed the most important artist of the twentieth century, but his influence extends farther than the art world. Given his renown, judges have cited his work, including his reworkings of celebrity photographs, as quintessentially protected expression. But this may be changing with the Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith, which curtails the ability of creators to claim “transformative” fair use when they borrow aspects of a copyrighted work for commercial purposes. Moving beyond the decision’s copyright implications, this Article explores its potential ripple effect on publicity rights law. Although publicity rights …

The Case For Ai Authorship In Copyright Law, Cheng Lim Saw, Duncan Lim

Research Collection Yong Pung How School Of Law

Today, with generative AI, literary and artistic works can be created almost effortlessly. There is at present intense debate as to whether works generated by AI – broadly categorised as “AI-assisted” and “AI-generated” works – ought to attract copyright protection. AI-assisted works are those that involve some degree of human intervention. Where AI-generated works are concerned, however, such works are created autonomously by the AI itself with minimal (de minimis) input from an identifiable human being. Presently, it is generally accepted that AI-generated works do not attract copyright protection for want of a human author. This article examines whether it …

Contracting Liability For Generative Ai, Taorui Guan

University of Richmond Law Review

Generative artificial intelligence (“AI”) is straining the boundaries of long-established secondary liability doctrines in copyright law—including contributory infringement, vicarious liability, inducement, and statutory safe harbors. Courts and policymakers have yet to adapt these doctrines to the challenges that AI’s massive scale, decentralized development network, and opaque “black box” architectures pose, creating considerable legal uncertainty. In response, leading AI providers increasingly rely on contractual solutions—embedding warranties, indemnifications, liability caps, and other provisions into user agreements—seeking to allocate infringement risks preemptively. These evolving contractual approaches both draw upon and diverge from classic doctrines, offering novel insight into how the pressure of generative …

Russia’S Soft Power In Nahdlatul Ulama’S Art Exhibition Russia-Indonesia: Within The Framework Of Art, Nurul Rahmawati, Ahmad Fahrurodji

International Review of Humanities Studies

This study analyzes the construction of Russian cultural diplomacy in news media coverage of art exhibitions. Russia-Indonesia: Within the Framework of Art. The research uses the method Critical Discourse Analysis with Norman Fairclough's model and concept soft power Joseph Nye and the skeleton Taxonomy of Soft Power from Ohnesorge to map actor relations in cultural diplomacy practices. The results show that Russia utilizes art, religious symbols, and collaboration with Nusantara Utama Gallery and the involvement of Nahdlatul Ulama (NU) artists as an instrument of soft power to build appeal and legitimacy among the Indonesian Muslim public through cross-media discourse …

Preserving Cultural Memory And Identity Of Eviction Through Digital Archives: A Case Study Of @Tamansarimelawan Instagram Account, Zulfi Al Hakim, Himawan Pratama, Mochamad Aviandy

International Review of Humanities Studies

This study examines how the Instagram account @tamansarimelawan plays a significant role in preserving collective memory and the identity of marginalized groups through digital archives. In the context of the Taman Sari urban village community, which resisted land eviction for the construction of row houses in Bandung, this research explores how Instagram as a social media platform contributes to the formation and maintenance of collective memory and community identity. Using content analysis of the @tamansarimelawan account, the study investigates the mechanisms through which social media functions as a digital repository, a medium for fostering a sense of belonging and continuity, …

Public Perception Of Pedestrian Space In Industrial Zones: A Case Study Of The Pulogadung Industrial Zone, Herlina Merinda, Hayati Sari Hasibuan, Sri Setiawati Tumuyu

International Review of Humanities Studies

Addressing the difficulties of sustainable development, the Jakarta Industrial Estate Pulogadung encounters the challenge of becoming more inclusive in constructing infrastructure for walkers by creating paths that are friendly for pedestrians As walking serves as an important sustainable and healthful means of transport, having pedestrian pathways can enhance how the public views pedestrian accessibility in their workplace. This, in turn, can promote the use of more eco-friendly public transport options. This research aims to explore how the public views pedestrians in industrial zones, with the goal of promoting spaces that are friendly to walkers. The study utilized a quantitative method …

Adaptation Processes In Cross - Cultural Communication Within Chinese - Indonesian Workplace Settings: An Analysis Of The Tiktok Series "Day 1 Kerja Sama Orang China. ", Shi Jie, Amelia Burhan

International Review of Humanities Studies

In the background ofChina's deepening economic engagement with Indonesia under the Belt and Road Initiative, increasing numbers of Chinese workers have entered Indonesian industrial zones, creating a workplace environment characterized by intensive cross-cultural interaction. While previous studies on cross-cultural adaptation have primarily emphasized macro-level cultural barriers and language difficulties, this research shifts attention to the micro-level communicative practices through which cultural adaptation is negotiated in everyday collaboration. Drawing on Howard Giles' Communication Accommodation Theory (CAT), this study conducts a qualitative analysis of TikTok videos depicting workplace interactions between Chinese and Indonesian workers particularly those labeled "Day 1 kerja sama orang …

Reinterpreting The Kutika Manuscript: A Buginese Ethnoecological Perspective, Rahmatia Ayu Widyaningrum, Priscila Fitriasih Limbong, Titik Pudjiastuti, Mamlahatun -. Buduroh -

International Review of Humanities Studies

This article offers a reinterpretation of the Kutika manuscript from a Buginese ethnoecological perspective. Departing from a philological study of the Lontara’ Kutika text in the National Library of Indonesia (PNRI) collection (code VT 129), this research examines how Buginese communities articulate their interaction with nature through this manuscript. The Kutika text has generally been understood merely as a book of time calculation, yet its background is imbued with philosophical values that show how the Buginese talk to nature, read signs, and treat nature as an equal element rather than a mere object. Using the framework of human ecology, this …

Sakdiyah Ma’Ruf’S Stand-Up Comedy: Humor And Social Critique In The Digital Age, Fitrizal Rahmadhian, Shuri Mariasih Gietty Tambunan

International Review of Humanities Studies

Stand-up comedy can challenge dominant discourses and dismantle stereotypes. This research focuses on an Indonesian female stand-up comedian, Sakdiyah Ma’ruf. Using textual analysis, the study investigates recorded performances available on YouTube between 2014 and 2025. Sakdiyah addresses critical social issues, including religious fundamentalism, terrorism, sexism, and gender-based violence. The study explores how she constructs her comedic persona through narratives of personal identity and social critique, and how she employs humor to negotiate sensitive topics while remaining acceptable to diverse audiences. Findings reveal that her themes remain consistent across performances, while her humor strategies, including structured narratives, deliberate word choices, and …

The Role Of Mass Media In Reportig Natural Disastersn: A Multimodal Critical Discourse Analysis Of Gunther-Kress Photojournalism Of The Great Eastern Japan Disaster In The Yomiuri Shinbun Daily 11-13 March 2011, Moh Gandhi Amanullah, Faruk Faruk, Budi Irawanto

International Review of Humanities Studies

This article examines the role of the Japanese newspaper Yomiuri Shinbun in covering the great East Japan disaster on March 11-13, 2011. This study uses a quantitative and qualitative approach, with content analysis methods and Gunther-Kress multimodal critical discourse analysis methods on 98 photos published by the newspaper. The results show that the newspaper published a special edition twice, with photos that did not show photos of the deceased victims, creating a distance between the reader and the subject. Most of the photos were taken from a distance, indicating a lack of interaction and showing that the victims did not …

Between Stigma And Survival: Life Narratives Of Vietnamese Brides In China, Weikang Pu, Mina Elfira

International Review of Humanities Studies

The phenomenon of cross-border marriages between Vietnamese women and Chinese men is often reduced by mainstream media to simplified stereotypes—depicting them as victims of human trafficking, impoverished women seeking economic escape, or submissive "imported brides." Such depictions obscure the everyday realities through which these women confront and negotiate social stigma in a foreign socio-cultural environment. Drawing on narrative interviews with ten Vietnamese brides living in different regions of China, this study examines how stigma is experienced and negotiated through everyday survival strategies. Using a qualitative narrative approach, this research explores how participants respond to stigma through practices such as economic …

Right-Wing French Media Coverage Of The Rassemblement National’S 2027 Presidential Candidates, Amelinda Sundari, Myrna Laksman-Huntley

International Review of Humanities Studies

The 2027 French presidential election has become a contest over political legitimacy, and the media play a key role in shaping candidates’ images. Within the right-wing camp, Rassemblement National (RN) presents two potential figures, Marine Le Pen and Jordan Bardella. Le Pen faces legal threats that could prevent her candidacy, while Bardella is projected as a successor to represent RN in the contest. Drawing on framing theory Pan & Kosicki (1993) and Critical Discourse Analysis Fairclough (1995), this qualitative study investigates right-wing French media preferences between these two candidates. The analysis examines three articles each from Le Figaro and Le …

Visual And Linguistic Representations And Cultural Meanings Of Bali In Rednote Videos By Bi Lu Si Bruce (2025), Yang Yang, Mina Elfira

International Review of Humanities Studies

This study examines the media presentation of Bali on the Rednote platform, and explores how content creators can build Bali into an idealized tropical lifestyle space. The research selects four videos related to Bali produced by Rednote content creator Bi Lu Si Bruce (Hong Kong House Tour Original as the object of analysis, and uses qualitative research methods combined with semiotic analysis to investigate Cultural symbols conveyed in video visual images and language narratives. The research draws on Hall’s (1997) Cultural Representation theory, Urry’s (1990) Tourist Gaze theory, MacCannell’s (1976) Staged Authenticity theory, and Lefebvre’s (1991) theory of the production …

French-Indonesian Speech Sound Interference In Quality Comparison Of Otter And Descript’S Automatic Transcription, Muhamad Raihan Maulana Putra Mulya, Myrna Laksman-Huntley

International Review of Humanities Studies

Since COVID-19, Zoom has become the primary distance communication platform integrated with automatic transcription tools such as Otter and Descript. However, meetings involving non-native French speakers can generate sound interference that reduces transcription accuracy. This study compares the automatic French transcription quality of both tools in corporate online meetings affected by interference from native Indonesian speakers. The data consists of online meeting recordings of Indonesian speakers in French based on the textbook, Affaires.com. The analysis applies Weinreich’s (2010) interference theory, Le Querler’s (1994) word class theory, Word Error Rate, and Tholly et al.’s (2025) severity levels of automatic French transcription …

The Archaeology Of Alienation: Representation Of Death For The Mentally Illness In Lawang, Malang, Aninda Diandra Rahmadewi, Irmawati Marwoto Imj

International Review of Humanities Studies

Alienation as a novelty in archaeological research which in this study aims to explain how mentally illness patients are buried at Lawang Mental Hospital as an alienation and how the representation of the graves of patients with mentally illness. Alienation is a form of experience by individuals who are marginalized from society, one of which is people with mentally illness. Alienation in mentally illness does not only occur during their lifetime, but continues until they die. Lawang Mental Hospital, built in 1884, is the only mental hospital that has a special cemetery for mentally illness patients. The method used focuses …

Sahel Region In French Postcolonial Discourse: Macron's Production Of Space And Security Rhetoric, Azzahrah F. A Putri, Abellia Anggi Wardani Dr.

International Review of Humanities Studies

Between the Sahara Desert and the Sudanese Savannah, the Sahel region has become a contested geopolitical space. This study analyses how France is reconstructing its hegemony following its military withdrawal through the rhetoric of Emmanuel Macron (2021 and 2025). Using Critical Discourse Analysis (Fairclough, 1995) and the theory of spatial production (Lefebvre, 1974), this study examines how the discourses of “partnership” and “security” are employed to maintain French influence. Qualitative methods were applied to Macron's speeches, French media, and statements by former presidents of Sahel countries. The results show that France is redefining the Sahel as a ‘crisis zone’ requiring …

The Mediating Role Of Trust: How Cultural Factors Shape Consumer Acceptance Of Chinese Electric Vehicles In Jakarta, Indonesia, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the mediating role of consumer trust in the relationship between cultural factors and the purchase intention of Chinese Electric Vehicles (EVs) in Jakarta, Indonesia. While global EV adoption is often analyzed through techno-economic lenses, this research addresses a critical gap by investigating the under-explored socio-cultural dimensions that shape consumer behavior in emerging markets. Framed by an integrated theoretical approach combining Hofstede’s Cultural Dimensions, the Technology Acceptance Model (TAM), and Reception Theory, the study explores how local cultural values such as collectivism, uncertainty avoidance, and social status filter the acceptance of Chinese EV technology. A qualitative case study …

From The “Paris Of The East” To Modern Phnom Penh: Colonial Legacies In Cambodian Urban Planning, Jin Ke, Ade Solihat

International Review of Humanities Studies

Phnom Penh was once known as the “Paris of the East,” serving as a major urban center in Indochina during the French colonial period. Colonial authorities shaped the city through functional zoning, planned street networks, and European-style architecture, all of which reflected hierarchies of power embedded in urban space. Despite the extensive destruction caused by the Khmer Rouge regime and subsequent postwar reconstruction, traces of colonial urban planning and architectural heritage remain clearly visible in the contemporary development of Phnom Penh. This study adopts a literature-based approach combined with historical analysis, spatial analysis, and architectural case studies to examine how …

Songs Of Mahzani Of Woloan And Rukukan: From Ritual To Performance, Jeane Angela Manus, Priscila Fitriasih Fitriasih Limbong, Turita Indah Setyani, Muhammad Yoesoef

International Review of Humanities Studies

As one of oral traditions acknowledged in Woloan and Rurukan, Tomohon Minahasa, the songs of mahzani have long been sung in these two areas. As we understand that oral tradition would disappear from its community when it has lost its real function, this particular oral tradition has developed into staged performances. Songs of mahzani that had been practiced for generations as part of the mapalus traditions in the last decades has significantly decreased in line with the change of lifestyle of the people who practice it. Using qualitative method with an ethnographic approach, this article is to delve into the …

Gotong Royong As Political Praxis: Collective Responsibility And Democratic Action, Donny Gahral Adian

International Review of Humanities Studies

This research explores gotong royong, an indigenous Indonesian concept of mutual cooperation, as an alternative political culture in the face of liberal individualism and capitalist competition. Drawing from the philosophical legacy of Soekarno, Indonesia’s founding president, the research situates gotong royong not merely as a traditional value, but as a dynamic political principle grounded in tolerance, solidarity, and social justice. Soekarno’s vision of democracy transcends procedural liberalism by emphasizing equal capabilities, not just equal opportunities, thereby addressing the structural and cultural barriers that hinder political participation for marginalized citizens. Through a comparative lens, the article juxtaposes the atomizing effects …

The Use Of The Term Ukhti On Social Media Platform X In Indonesia, Indah Putri Sobada, Wiwin Triwinarti

International Review of Humanities Studies

This study traces the semantic transformation of the lexicon ukhti within Indonesia’s digital landscape. The term ukhti ( أُ خْ تِي ), derived from Arabic and meaning “my sister,” was initially used as a form of biological kinship address, later evolving into a fictional kinship address. However, in its current usage, the term increasingly conveys exclusivity and produces stereotypical perceptions of Muslim women. This study focuses on the use of ukhti on Indonesia's Social Media Platform X, examining how its meaning has become more specific and how this shift affects the representation of diverse Muslim female identities. Therefore, this study …