Intellectual Property Law Commons^™

Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean

Michigan Technology Law Review

Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system.

This Article argues that, in fact, the literary genre of science fiction …

The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This article argues that recent strategies of the European Union in the field of Artificial Intelligence (AI) resemble a football team missing a goal-scorer to win any of the competitions with other jurisdictions having more flexible limitations to copyright, in particular with those allowing robust text and data mining (TDM) activities. It analyses the TDM limitations newly introduced in EU copyright law by the Directive on Copyright in the Digital Single Market to show that these provisions not only fail to take duly into account the right to research grounded in the fundamental right to information, but also will not …

Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

Printed textbooks remain crucial for education, particularly in developing countries. However, in many of these countries, textbooks are unavailable, too expensive, or not accessible in learners’ native tongues. Digital content, for many reasons, does not prove a wondrous solution. Cheaply (translating and) reproducing textbooks would be a strategy. However, reprography is highly regulated under copyright law. Copyright also adds to the cost of textbooks. The availability, accessibility, and acceptability of learning materials constitute essential elements of the right to education under international human rights law.

Intellectual property (IP) law has so far refrained from endorsing the concept of extraterritorial state …

Retelling Copyright: The Contributions Of The Restatement Of Copyright Law, Jessica Silbey, Jeanne Fromer

Faculty Scholarship

This Article was written for a special issue on the American Law Institute’s (ALI) Restatement of Copyright Law.

Since the American Law Institute (ALI) launched in the early twentieth century, its mission has been “the clarification and simplification of the law and its better adaptation to social needs ... [and] to secure the better administration of justice.” A principal way it has pursued that mission has been through its Restatements of Law project. By their nature, Restatements of Law reflect tensions between what it means to “restate” and reform the law. As the ALI has grown and the legal profession …

Pushing Back On Stricter Copyright Isp Liability Rules, Pamela Samuelson

Michigan Technology Law Review

For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale.

Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and …

Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel

Santa Clara High Technology Law Journal

COPYRIGHTING COPYWRONGS: AN EMPIRICAL ANALYSIS OF ERRORS WITH AUTOMATED DMCA TAKEDOWN NOTICES

Denying Cultural Intellectual Property: An International Perspective On Anjali Vats's The Color Of Creatorship, J. Janewa Osei-Tutu

Articles

In The Color of Creatorship, Anjali Vats offers a compelling analysis of intellectual property (IP) laws through the lens of critical race theory. Providing a persuasive account of the role of racialized perspectives and colonial histories in the making of IP laws, Vats calls on activists to "persuade lawmakers that knowledge production comes in a variety of forms." She makes a valuable contribution to the literature on race and IP, asking us to think about IP citizenship and how this has been framed in the United States. In this brief essay, I will connect Vats's analysis to some of the …

Amazon Hq2 & The Nimby Movement: An Opportunity To Incorporate Deliberative Democracy Into New York's Land Use System, Jennifer Russnow

Cardozo Journal of Equal Rights & Social Justice

The note examines the failure of Amazon's HQ2 deal in Long Island City, attributing it to inadequate community engagement and the top-down approach by government officials. It argues that incorporating deliberative democratic methods into New York's land use system could mitigate such issues by fostering better dialogue between stakeholders, thus leading to more inclusive and equitable development projects.

Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael Goodyear

Articles & Chapters

Bollywood and the Indian film industry have enjoyed enormous success as one of the largest producers of movies in the world. Yet despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, in U.S. and other films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty …

Who Killed The Mockingbird?-An Analysis Of Community Theatres' Legal Standing Amid Copyright Disputes Over To Kill A Mockingbird And How To Protect Community Theatres, Yifan Li

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Joint Submission Of Canadian Ip Scholars, Re: Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Affiliation Information In Datacite Dataset Metadata: A Flemish Case Study, Niek Van Wettere

Copyright, Fair Use, Scholarly Communication, etc.

This article aims to evaluate how and to what extent metadata of datasets indexed in DataCite offer clear human- or machine-readable information that enables the research data to be linked to a particular research institution. Two main pathways are explored. First, researchers can encode their affiliation information at the moment of data submission. This can be done by means of free-text metadata fields or via the inclusion of identifiers such as GRID/ROR and ORCID. Second, affiliation information can be traced indirectly through linking between a dataset and associated publications, given that the metadata of publications is often more explicit about …

Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Nflpo: The Nfl's Private Patent Office, Paul Fina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Copyright Alternative In Small-Claims Enforcement (‘‘Case’’) Act Regulations, U.S. Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

SUMMARY: The U.S. Copyright Office is issuing a notification of inquiry regarding its implementation of the Copyright Alternative in Small-Claims Enforcement (‘‘CASE’’) Act. The CASE Act establishes the Copyright Claims Board (‘‘CCB’’), an alternative forum in which parties may voluntarily seek to resolve certain copyright infringement and other claims. The Office must establish regulations to govern the CCB and its procedures, including rules addressing service of notice and other documents, waiver of personal service, notifications that parties are opting out of participating in the forum, discovery, a mechanism for certain claims to be resolved by a single CCB Officer, review …

Dataset Search In Biodiversity Research: Do Metadata In Data Repositories Reflect Scholarly Information Needs?, Felicitas Löffler, Valentin Wesp, Brigitta König-Ries, Friederike Klan

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

The increasing amount of publicly available research data provides the opportunity to link and integrate data in order to create and prove novel hypotheses, to repeat experiments or to compare recent data to data collected at a different time or place. However, recent studies have shown that retrieving relevant data for data reuse is a time-consuming task in daily research practice. In this study, we explore what hampers dataset retrieval in biodiversity research, a field that produces a large amount of heterogeneous data. In particular, we focus on scholarly search interests and metadata, the primary source of data in …

Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng

Pepperdine Law Review

In 2013 and 2015, the Ninth Circuit decided two nearly identical cases in which professional football players alleged a video game publisher used their likenesses without authorization in a game that simulates real football games. One plaintiff brought a false endorsement claim under the Lanham Act, while others brought state law right of publicity claims. That made all the difference. The Ninth Circuit found the First Amendment protected the game against the false endorsement claim, but not against the right of publicity claims. These contradictory results stem from court’s application of the Rogers v. Grimaldi test to Lanham Act claims …

Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes

Washington Journal of Law, Technology & Arts

Loot boxes are items in video games that contain randomized prizes that players can purchase with real-world money. In recent years, loot boxes have come under scrutiny because the relationship between behavior and the underlying mechanics of loot boxes are similar to that of addictive behaviors associated with real-world gambling. Many papers suggest solutions focused on industry changes without direct regulation. However, these papers neglect the enormous profit incentive to maintain a business practice which can have detrimental behavioral effects on children. The United States federal government must take example from a growing number of European countries and ban the …

Table Of Contents, Ashley Stoll

Washington Journal of Law, Technology & Arts

No abstract provided.

Digital Contract Tracing In The Workplace, Alexandra Kiosse

Washington Journal of Law, Technology & Arts

The COVID-19 pandemic has affected the way businesses run and operate in the United States. With the dire need to keep employees safe, digital contact tracing has become the most efficient mechanism for controlling the spread of the virus within places of employment. However, information privacy laws come into tension with the use of employee health data by employers and third parties. This Article proposes a careful balance between contact tracing and maintaining employees’ privacy as they share health and proximity data with digital contact tracing applications in the workplace.

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.

Can There Be Too Much Specialization? Specialization In Specialized Courts, Melissa F. Wasserman, Jonathan D. Slack

Northwestern University Law Review

While modern society has embraced specialization, the federal judiciary continues to prize the generalist jurist. This disconnect is at the core of the growing debate on the optimal level of specialization in the judiciary. To date, this discussion has largely revolved around the creation of specialized courts. Opinion specialization, however, provides an alternative, underappreciated method to infuse specialization into the judiciary. In contrast to specialized courts, opinion specialization is understudied and undertheorized.

This Article makes two contributions to the literature. First, this Article theorizes whether opinion specialization is a desirable practice. It argues that the practice’s costs and benefits are …

The Legality Of Free And Open Source Software Licences: The Case Of Jacobsen V. Katzer, Brian Fitzgerald, Rami Olwan

UAEU Law Journal

In August 2008 one of, if not the most, influential Intellectual Property courts in the USA known as the Court of Appeals for Federal Circuit upheld the validity of a free and open source software license known as the Artistic License. This case is significant because up until this point there has been little judicial discussion on the legal operation of this new type of copyright licensing that is sweeping the world fuelled by the ubiquity of the Internet.

The decision in Robert Jacobsen v. Matthew Katzer and Kamind Associates, Inc. 2008 U.S. App. LEXIS 17161 (Fed. Cir. 2008) issued …

Prospects Of Recognizing Utilization Rights Of Copyrighted Works In Jordanian Law A Comparative Study, Samer Mahmoud Al-Dalalaa

UAEU Law Journal

The utilization right of the copyright law raises the ire of those perusing copyright and adjacent laws whereby one finds the latter to be entirely far off from being practically applied within some groups of internal judicial systems. This is inspite of the fact that regulatory legislations of the protection of the authors’ and adjacent rights place great importance on this right; this also applies to the practical enforcement of the legislation on protecting the rights of the Jordanian authors. Consequently, the feasibility of sanctioning this law becomes questionable when it does not become practically applicable, or when it does …

Settlement Of Intellectual Property Rights Disputes, Kameran Hossen Al-Salihi

UAEU Law Journal

This research deals with the settlement of intellectual property disputes as set out in various international conventions such as the Convention of Paris, 1883 and the TRIPS agreement in Marrakesh, 1994. The research also deals with the development in intellectual property rights in international regulations particularly with respect to the World International Property Organization (WIPO) and the Convention of TRIPS. In addition, this paper outlines the rules and a procedure for the settlement of intellectual property disputes in the WTO in detail as well as explains the structure of this organization and the most important tasks carried out by it. …