Intellectual Property Law Commons^™

R-Ai-Sing Questions: Exploring The Ethical And Legal Landscape Of Artificial Intelligence-Generated Media Of Medicalized Children, Kristen Thomasen, Gregorio Zuniga-Villaneuva, Muhammed Mukadam, David Lysecki

Canadian Journal of Law and Technology

When it comes to complex medical care for children, even in a country like Canada with many publicly funded healthcare services, much of the necessary research and holistic support for children and families is financed through private donations. Fundraising campaigns for children’s hospitals and services are common, often featuring movie stars, professional athletes, and many child patients. A range of important charitable activities, providing comfort, services, and necessities such as food and accommodation to children and families, are carried out through fundraising and donations. Fundraising for children’s services is a multibillion-dollar global undertaking. What’s more, it is largely dependent on …

Game Face: Legal Tackle On Facial Recognition And Privacy Rights At Nfl Games, Shanthi E. Senthe

Canadian Journal of Law and Technology

The unprecedented rapid uptake of facial recognition technology (‘‘FRT”) in commercial and public spaces for data capture and surveillance has entrenched every aspect of our daily lives from mundane tasks, such as grocery store shopping to family and experiential moments, such as participation in spectator sports. As such, the rapid adoption and integration of FRT into sports security is reshaping aspects of sporting events and fan experiences, often without adequate consideration of privacy and ethical implications. Professional sports leagues, specifically the NFL, are in the process of adopting the use of this type of technology to enhance security measures, streamlining …

Consensus Ad Artificialis: Contract Theory Meets The Genai Mind, Katie Szilagyi, Marina Pavlovic´

Canadian Journal of Law and Technology

The advent of generative AI (GenAI) has generated shockwaves across industries. Many established professions are grappling with how GenAI’s functionality transforms their daily activities, staying power, and raison d’eˆtre. GenAI’s newfound facility with words and language has rapidly encroached upon the purview of lawyers, whose trade has long been expertise with words. While some worry about lawyers’ place in a GenAI-oriented future economy, others are optimistic about the transformative potential GenAI offers as a tool to the practicing lawyer. Legal service providers have been quick to adopt GenAI tools in the name of efficiency, harnessing its generative power for tasks …

Scraping Bad: The Case For A Unified Scraping Framework, Eunchong Moses Park

Washington and Lee Law Review Online

This Note explores the growing legal and regulatory landscapes of web scraping in the United States and argues that web scraping should be regulated through a unified federal framework tailored to its unique technological and economic realities. Web scraping allows organizations to collect massive amounts of data essential to their operational needs—often without the consent of data holders. Thus, web scraping has become a powerful engine of innovation used across virtually every sector of the economy but with a serious risk to privacy and property interests. Yet the current U.S. legal framework lacks a coherent regulating structure. Courts and litigants …

Cardozo Law Introduces New Course On Theatre Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law introduced Theatre Law, the first law school course devoted entirely to the legal framework of the live stage industry. Taught by Adjunct Professor Ben Feldman, the course explores contracts, intellectual property, labor relations, licensing, financing, and other legal issues unique to theatrical productions, providing students with specialized training in entertainment law.

Diamonds Are Forever, As Are Trademarks: Articulating The Twists Of Section 43(A) Trade Dress Protection For Jewelry Designs Through The Facts Of David Yurman V. Mejuri, Daphne Singer

Richmond Journal of Law & Technology

Jewelry is adornment—adornment that has “spawned cultural movements, launched political dynasties, and even started wars.”1This Article will analyze the application of Section 43(a) of the Lanham Act, which covers trade dress, to jewelry design. Trade dress law is a powerful tool for designers because it regulates the protection of designs rather than words. Despite this strength, trade dress has not been analyzed in the context of the jewelry industry because legal academics have dismissed jewelry as an accessory to fashion law. Luxury jewelry and watches are often used to convey status via “recognizable, distinguished designs that consumers associate with the …

Falling Flat: Why Ai Cannot Free Melodies From Copyright Protection With “All The Music” As An Example, Hayley Huber

Duke Law & Technology Review

As artificial intelligence (AI) continues to surprise us with its humanlike abilities, it raises the question of whether AI-created music can or should be afforded legal protection. Particularly, how should copyright law treat melodies produced by an AI designed to algorithmically generate every possible melody? This article seeks to answer that question, ultimately concluding that AI-produced melodies are not copyrightable and that melodies are not merely facts undeserving of copyright protection, but something valuable to mankind and worth protecting by law.

The article explores Damien Riehl’s All the Music project (ATM) and his arguments for why ATM’s outputs should be …

The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On February 20, 2026, the U.S. District Court for the Central District of California denied a motion to dismiss filed by Defendant William Morris Endeavor Entertainment (WME) in a copyright infringement claim brought forth by Plaintiff StudioFest, a production company. It is alleged that WME’s film Together infringed on the screenplay of the movie Better Half, whose copyright is owned by the Plaintiff. The Plaintiff only claimed a screenplay violation and alleged that in 2020, it sent the full script and synopsis to the agents of codefendants Dave Franco and Alison Brie as part of an offer to have them …

Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman

Akron Law Faculty Publications

• Innovation in Identification and Clinical Trials Testing of New Indications Yields Great Public Benefits but Requires the Incentive of Patent Protection.
• Section viii [skinny label statemetnts] was Never Intended to be a Safe Harbor for Infringement of Method of Use Patents.
• Allowing this Case to Proceed Past the Rule 12 Stage will not Deter Section viii Carve-Outs. 

Navigating Ownership & Access In Collaborative Groups: Understanding Copyright Law, Administrative Controls And Common Project Risks, Karley Downham

SACAD: Scholarly Activities

Collaborative groups, such as those in academic settings, often operate under a misconception that administrative control over shared digital files (e.g., Google Workspace permissions) equates to legal copyright ownership of creative content. This confusion frequently leads to internal disputes, contributor alienation, and project delays that can harm outcomes and participant well-being. The goal is to clearly define copyright law from file access administrative controls by providing an evidence-based framework to prevent and resolve ownership conflicts and foster healthier collaboration.

The poster will present core legal principles, emphasizing that U.S. copyright ownership defaults to creators and is not transferred by administrative …

Holding Isps Accountable? Secondary Liability And The Impact Of Cox V. Sony, Emma Steffes

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Supreme Court is currently considering a case that could significantly affect current secondary liability principles under copyright law: Cox Communications, Inc. v. Sony Music Entertainment. The case poses a deceptively simple question: asking when an internet service provider should be legally responsible for the illegal actions of its users? The answer could reshape the relationship between copyright owners, internet companies, and all online users.

Vetter V. Resnik: An International Dilemma, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Typically, copyright lawyers around the nation look to the Second Circuit, presiding over New York City, and the Ninth Circuit, similarly moderating Los Angeles, for pivotal intellectual property legal decisions. On January 12, 2026, however, the Court of Appeals for the Fifth Circuit released an opinion that has upended seemingly settled music publishing principles. Donald Passman’s textbook “All You Need to Know About the Music Business”, a source read by aspiring music industry professionals, describes termination rights as:

One of the best goodies that creators got in the 1976 Copyright Law is the right of termination. The termination provisions say …

Congress's Mistaken Ip Power And Our Hybrid Constitutionalism, Barry P. Mcdonald

Kentucky Law Journal

No abstract provided.

Reaching For Starz: The Negative Impact Of Creating Limitations On Damages In Timely Copyright Claims, Lindley Williams

Kentucky Law Journal

No abstract provided.

Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law commemorates the life and legacy of Professor Monroe Price, who served as dean from 1982 to 1991 and helped shape the school's growth and academic identity. A pioneering scholar in media law and legal education, Price founded and advanced numerous signature programs at Cardozo while making lasting contributions to intellectual property, communications law, American Indian law, and international legal scholarship.

Unveiling The Patent Landscape Of Biologic Drugs, Michael D. Frakes, Melissa F. Wasserman

Northwestern University Law Review

It is undeniable that the escalating price of biopharmaceuticals is a critical issue, as high prices limit patients’ access to life-saving medications and strain our healthcare system. Biologics, or large-molecule drugs, which are revolutionizing modern healthcare, are significantly contributing to the escalating cost of prescription drugs. While biologic drugs represent only 2% of all U.S. prescriptions, they comprise close to 50% of net drug spending.

Policymakers have proposed a series of interventions to decrease drug prices that target the patent practices of pharmaceutical firms. Yet due to differences in law, we have a robust source of patenting information for small-molecule …

The Mark Of Confusion: Untangling The Circuit Split In Trademark Infringement Jurisprudence, Amilcar Torres

University of Cincinnati Law Review

No abstract provided.

The House Of Ai: Intellectual Property Law As It Relates To Generative Ai And Fashion, Abhilasha Praveen

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

Over the past decade, artificial intelligence has permeated nearly every aspect of society, yet American legislation in this field remains largely archaic. The absence of specific legislation governing generative AI in the United States has led to numerous intellectual property (IP) and copyright disputes, infringing on both creator’s rights and discouraging innovation. Given the rapid evolution of generative AI in society, comprehensive legislative action is necessary to establish clear guidelines balancing intellectual property rights with the need for innovation through technological advancement. While this issue spans multiple industries, this article focuses on fashion, examining how AI regulation can foster innovation …

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

Scholarly Articles in Law Reviews & Journals

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 both treaties 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.

Redefining Superfans: Building Sustainable Fandom In A Monetization-Focused Industry, Heyman Center On Corporate Governance, Intellectual Property Law Society, Cardozo Fame Center, Cardozo Entertainment Law Society

2025–2026 Flyers

Join us to hear from three panelists on the rapidly evolving world of superfan engagement. Our panelists will speak on topics such as ownership of fan data, platform responsibilities, sync and acquisition strategies and ethical monetization models. Dinner provided.

• Robert Piper, Esq., Labor Relations Manager, Disney Theatrical Group 

• Erin Singleton, Founder and CEO, Softside

• Mike Fiebach, Founder and CEO, Mainfactor 

Data Is Nothing Like Oil: Dusting Off Copyright’S Originality Doctrine For The Ai Age, Carys Craig

All Papers

No abstract provided.

Reimagining Graphical Representation: A Case Comment On The Registration Of India’S First Scent Trademark, Siddhant Shinde

Indian Journal of Law and Technology

This case comment analyses the Trade Marks Registry’s decision of permitting the registration of India’s first scent trademark, filed by Sumitomo Rubber Industries Ltd. for a “smell reminiscent of roses as applied to tyres”. This decision raises a key question concerning the graphical representation requirement under the Trade Marks Act, 1999. While the Registry accepted a seven-dimensional scientific vector model of the scent as sufficient graphical representation, the Order offers little engagement with the legal reasoning required to support such a departure from conventional understandings of graphical representation. Thus, this case comment attempts to doctrinally justify such an interpretive expansion …

Brief Of Copyright Scholars As Amici Curae In Support Of Respondent In Emmerich Newspapers, Inc. V. Particle Media, Inc., Jess Miers, Mark A. Lemley, Rebecca Tushnet

Akron Law Faculty Publications

The server test has served us well for nearly two decades. It matches the language of the statute, the well-settled distinction between direct and secondary liability, and the nature of the technology. The copyright owner here makes the work available freely to every site visitor, and may stop embedding with a few clicks on the keyboard. There is no need to strain the law of direct liability to protect any legitimate interests it might have.

This Court should decline the invitation to create a circuit split that would upset settled expectations and turn millions of online posters into infringers overnight.

Trademarks Beyond The Dictionary: A Corpus Linguistics Approach To The International Implementation Of The Rule Of Foreign Equivalents, George Mcmullin

Nevada Law Journal

No abstract provided.

Confronting Imitation: Questioning Fair Use After Warhol, Genevieve Stegner-Freitag

William & Mary Bill of Rights Journal

The Constitution’s Intellectual Property Clause (IP Clause) contains a mandated goal of “progress” for copyright. Efforts to address what progress means move between some understanding it to be a specific Enlightenment-oriented term, progress as a forward-moving, Judeo-Christian ideal, to others viewing the term as strictly economic, understanding the goal of copyright is to get as many different products in the market as possible. Defining what progress means in copyright law is a necessary step, as courts are increasingly considering market forces in granting or denying authorial property rights. This Note addresses what progress means, how imitative art factors in, and …

Your Face As Property: Ip Strategies Beyond Right Of Publicity, Nick Cipriani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service …

Transformative Technology Or Blatant Theft: Reassessing Fair Use In The Era Of Generative Ai, Tsai-Lin Hsieh, Tsai-Fang Chen

Cardozo Law Review

The rapid proliferation of generative artificial intelligence (“AI”) applications in recent years has sparked a global “AI frenzy.” Yet, the rise of new AI technologies has also raised concerns about copyright infringement, particularly regarding whether generative AI developers should be held liable for using copyrighted works as training inputs and generating outputs that compete with original works. In response, AI developers have invoked a long line of technological fair use precedents to defend against any potential copyright infringement claims. The purpose of this Article is to offer insights into whether generative AI is a transformative technology that deserves fair use …

Terminating The Termination Policy Requirement: Protecting Internet Users And Service Providers By Expanding The Dmca Section 512(A) Safe Harbor, Michael Kritzer

Cardozo Law Review

The Digital Millennium Copyright Act of 1998 (DMCA) established “safe harbors” for Internet Service Providers (ISPs) against secondary liability for the copyright infringement perpetrated by their users. Among the requirements for eligibility for these safe harbors is a provision requiring ISPs to implement a policy for terminating repeat infringers. This Note proposes that Congress codify an exception to this termination requirement for a specific class of ISPs—“transitory” providers that solely provide internet access and do not control the information transmitted over their networks.

This Note examines the safe harbor and termination requirement through the lens of two recent secondary infringement …

Orrick On Startup Law At The Intersection Of Business + Technology, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Orrick, Herrington & Sutcliffe, Heyman Center On Corporate Governance

2025–2026 Flyers

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington and Sutcliffe to learn how top tech-focused law firms advise startups, founders and high-growth companies and how intellectual property strategy fits into corporate practice.

Orrick On Startup Law At The Intersection Of Business And Technology, Cardozo Fame Center, Cardozo Intellectual Property Law Society (Ipls), Samir Bakhru, Josh Beser

2026 Event Invitations

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington & Sutcliffe, to learn how top tech-focused law firms advise startups, founders, and high-growth companies, and how intellectual property strategy fits into corporate practice. Presented by the FAME Center and IPLS. Dinner will be provided.