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Articles 421 - 450 of 2085
Full-Text Articles in Intellectual Property Law
Bridging Race + Ip: The Challenges And Potential Of Utilizing Transdisciplinary Methods To Undo The Unbearable Whiteness Of Intellectual Property, Deidre Keller
Faculty Books and Book Contributions
This chapter is part of Approaches and Methodologies in Intellectual Property Research edited by Irene Calboli and Maria Lilla.
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz
Cybaris®
No abstract provided.
Privative Copyright, Shyamkrishna Balganesh
Privative Copyright, Shyamkrishna Balganesh
Vanderbilt Law Review
“Privative” copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as old as Anglo-American copyright law itself. Yet modern thinking has attempted to undermine their place within copyright law and sought to move them into the domain of privacy law. This Article challenges the dominant view and argues that privative copyright claims form a legitimate part of the copyright landscape. It shows how privative copyright claims …
Artificial Intelligence, Copyright, And Copyright Infringement, Zach Naqvi
Artificial Intelligence, Copyright, And Copyright Infringement, Zach Naqvi
Marquette Intellectual Property Law Review
None.
Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski
Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski
Faculty Publications
For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and the case law is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for discrete private …
The Copyrightability Of Fictional Characters: Why Harry Potter, Arya Stark, And Matrim Cauthon Are Copyrightable, Justin Scharff
The Copyrightability Of Fictional Characters: Why Harry Potter, Arya Stark, And Matrim Cauthon Are Copyrightable, Justin Scharff
Touro Law Review
No abstract provided.
The Chilling Effect Of Copyright Permissions On Academic Research: The Case Of Communication Researchers, Patricia Aufderheide
The Chilling Effect Of Copyright Permissions On Academic Research: The Case Of Communication Researchers, Patricia Aufderheide
Joint PIJIP/TLS Research Paper Series
Communications researchers in the U.S., who routinely analyze copyrighted material, both qualitatively and quantitatively, face challenges from strict copyright. The doctrine of fair use permits some unpermissioned use of copyrighted works. Survey research shows that researchers routinely need access to copyrighted material; that they are often unsure or confused, even unknowing, about fair use; and that this lack of knowledge and/or familiarity leads to both failure to execute and failure to initiate, or “imagination foregone.” Creating a best practices code has improved knowledge but more institutional change is needed for knowledge to inform action.
Transplanting Fair Use Across The Globe: A Case Study Testing The Credibility Of U.S. Opposition, Niva Elkin-Koren, Neil Weinstock Netanel
Transplanting Fair Use Across The Globe: A Case Study Testing The Credibility Of U.S. Opposition, Niva Elkin-Koren, Neil Weinstock Netanel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Copyright Law’S Impact On Machine Intelligence In The United States And The European Union, Matthew Sag
Copyright Law’S Impact On Machine Intelligence In The United States And The European Union, Matthew Sag
FIU Law Review
No abstract provided.
Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman
Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman
IP Theory
Artificial intelligence is becoming increasingly complex, and provides examples of compelling, human-like performances. One such artificial intelligence technology is known as Creative Adversarial Network (“CAN”) technology, which relies on inputs of preexisting pieces of art to create pieces of original art that pass as human-made. Whether the coders responsible for CAN-technology should be granted coverage for the resultant art remains an open question in United States jurisprudence. This paper seeks to explore why, given both software’s historical legacy in copyright law and bedrock copyright justifications, extending copyright coverage to the coders responsible for CAN technology would be a grave misstep …
Copyright And Attention Scarcity, Jake Linford
Copyright And Attention Scarcity, Jake Linford
Scholarly Publications
No abstract provided.
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
NYLS Law Review
No abstract provided.
Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson
Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson
Cybaris®
No abstract provided.
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, João Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, João Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, …
Copyright Law's Impact On Machine Intelligence In The United States And The European Union, Matthew Sag
Copyright Law's Impact On Machine Intelligence In The United States And The European Union, Matthew Sag
Faculty Publications & Other Works
No abstract provided.
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Mitchell Hamline Law Review
No abstract provided.
Copyright And Human Rights In The Ballroom: A Minuet Between The United States And The Eu, Maria Lillà Montagnani, Alina Trapova
Copyright And Human Rights In The Ballroom: A Minuet Between The United States And The Eu, Maria Lillà Montagnani, Alina Trapova
Mitchell Hamline Law Review
No abstract provided.
Beyond The Marrakesh Vip Treaty: Typology Of Copyright Access-Enabling Provisions For Persons With Disabilities, Caroline B. Ncube, Blake E. Reid, Desmond O. Oriakhogba
Beyond The Marrakesh Vip Treaty: Typology Of Copyright Access-Enabling Provisions For Persons With Disabilities, Caroline B. Ncube, Blake E. Reid, Desmond O. Oriakhogba
Publications
This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states' ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines …
Monetizing Infringement, Kristelia García
Monetizing Infringement, Kristelia García
Publications
The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus of both legislators and scholars. The conventional view is that infringement must be curbed and/or punished in order for copyright to fulfill its purported goals of incentivizing creation and ensuring access to works. This Essay proves this view false by demonstrating that some rightsholders don’t merely tolerate, but actually encourage infringement, both explicitly and implicitly, in a variety of different situations and for one common reason: they benefit from it. Rightsholders’ ability to monetize infringement destabilizes long-held but problematic assumptions about both rightsholder preferences, …
Copyright And Economic Viability: Evidence From The Music Industry, Kristelia García, James Hicks, Justin Mccrary
Copyright And Economic Viability: Evidence From The Music Industry, Kristelia García, James Hicks, Justin Mccrary
Publications
Copyright provides a long term of legal excludability, ostensibly to encourage the production of new creative works. How long this term should last, and the extent to which current law aligns with the economic incentives of copyright owners, has been the subject of vigorous theoretical debate. We investigate the economic viability of content in a major content industry—commercial music—using a novel longitudinal dataset of weekly sales and streaming counts. We find that the typical sound recording has an extremely short commercial half-life—on the order of months, rather than years or decades—but also see evidence that subscription streaming services are extending …
Super-Statutory Contracting, Kristelia García
Super-Statutory Contracting, Kristelia García
Publications
The conventional wisdom is that property rules induce more—and more efficient—contracting, and that when faced with rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent, private copyright deals show some intellectual property owners doing just the opposite: faced with statutory liability rules, they are contracting for more protection than that dictated by law, something this Article calls “super-statutory contracting”—either by opting for a stronger, more tailored liability rule, or by contracting into property rule protection. Through a series of deal analyses, this Article explores this counterintuitive phenomenon, and updates seminal thinking on …
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
Cybaris®
No abstract provided.
Protectable “Art”: Urinals, Bananas, And Shredders, Richard H. Chused
Protectable “Art”: Urinals, Bananas, And Shredders, Richard H. Chused
Fordham Intellectual Property, Media and Entertainment Law Journal
Creative souls have long played with our imaginations, as well as our tastes, about what art may be. The resulting absurdist, dada, and everyday object art forces us to step back and ask a few intellectual property questions about what this art has done, undone, or reconstructed in the copyright world. The Copyright Act grants protection to “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” This Article explores how pranksterism, eccentricity, …
Independent Creation In A World Of Ai, Clark D. Asay
Independent Creation In A World Of Ai, Clark D. Asay
FIU Law Review
No abstract provided.
Litigating Against The Artificially Intelligent Infringer, Yvette Joy Liebesman, Julie Cromer Young
Litigating Against The Artificially Intelligent Infringer, Yvette Joy Liebesman, Julie Cromer Young
FIU Law Review
No abstract provided.
Institutionalized Algorithmic Enforcement—The Pros And Cons Of The Eu Approach To Ugc Platform Liability, Martin Senftleben
Institutionalized Algorithmic Enforcement—The Pros And Cons Of The Eu Approach To Ugc Platform Liability, Martin Senftleben
FIU Law Review
No abstract provided.
Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione
Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione
NYLS Law Review
No abstract provided.
The Fine Art Of Rummaging: Successors And The Life Cycle Of Copyright, Eva E. Subotnik
The Fine Art Of Rummaging: Successors And The Life Cycle Of Copyright, Eva E. Subotnik
Faculty Publications
This chapter argues that a possible justification for the extension of copyright beyond the death of the author is the key role that copyright successors may serve in the life cycle of artistic works. In particular, with respect to an artist’s unpublished work, a time-sensitive decision must be made about whether or not to keep the physical artifacts associated with copyrights—an obligation that often falls to these successors. Bulky canvases, sketches, negatives, and myriad other items must be sifted through in order to separate the wheat from the chaff. In this way, the post-death cleanup period offers a once-in-a-lifetime event …
A Shield Or A Solution: Confronting The New Copyright Troll Problem, Michael Goodyear
A Shield Or A Solution: Confronting The New Copyright Troll Problem, Michael Goodyear
Articles & Chapters
The past few years have seen the rise of a new threat to American access to knowledge and creativity: the attorney copyright troll. While previous scholarship has focused on the copyright owner as a copyright troll, this note examines the motivations and dangers of the attorney as a copyright troll. Guided by the rewards copyright infringement cases offer and equipped with mass mailed letters threatening thousands of purported infringers, these attorneys are practicing a new brand of copyright law focused on extorting money over pursuing legitimate claims. This poses a danger to the spirit of copyright.
Since the efforts of …
Fair Use, The Internet Age, And Rulifying The Blogosphere, Michael Goodyear
Fair Use, The Internet Age, And Rulifying The Blogosphere, Michael Goodyear
Articles & Chapters
The fair use analysis in copyright law is, at present, a confusing and sometimes contradictory entanglement of four factors whose outcome is not guaranteed until it comes before a court ex post. Despite the four factors being listed as clearly delineated points in § 107, in reality, these factors have substantial overlap and courts have provided contradictory rulings even in the same circuit. This article builds on the earlier suggestions of Niva Elkin-Koren and Orit Fischman-Afori in suggesting rulification of fair use in specific creative contexts to better distinguish the legal standards for fair use for the population at large. …