Intellectual Property Law Commons^™

Information Age Technology, Industrial Age Laws, Elizabeth I. Winston

Scholarly Articles

The United States patent system was born during the Industrial Age — at a time where the focus was on promoting innovation in machines, and tangible means of changing the world. With the dawn of the Information Age, innovation is increasingly intangible. The industrial age laws, as currently interpreted, are not well-suited for the changing and evolving technological world. Information age innovators face challenges at the United States Patent and Trademark Office, through the judicial system and at the United States International Trade Commission. It is time for a change in the system to reflect the realities of modern technology. …

The Constitution Commandeth: Thou Shalt Not Protect The Same Subject Matter Under Design Patent And Trade Dress Laws, Kenneth B. Germain, Louis H. Sitler

Chicago-Kent Journal of Intellectual Property

For many years and still currently, it has been assumed—and even expressly asserted—that it is perfectly permissible to “stack” various legal theories (concurrently or consecutively) to protect nonfunctional “designs” for products. This is despite infrequent but cogent arguments that the available theories, notably design patents and product design trade dress—both of which are based upon federal statutes—are not Constitutionally compatible due to at least the concept of Superfluity. The authors of this article carefully examine the origin, nature, and meaning of these two types of IP protections in the context of their two Constitutional bases—the Patent/Copyright Clause and the Commerce …

Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland

UC Law SF Communications and Entertainment Journal

No abstract provided.

We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Integration Of Artificial Intelligence In The Intelligence Community: Necessary Steps To Scale Efforts And Speed Progress, Corin R. Stone

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement, Emmanuel Oke

Maryland Journal of International Law

No abstract provided.

Compendium Of U.S. Copyright Office Practices, Third Edition, United States Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

The Compendium of U.S. Copyright Office Practices, Third Edition (the “Compendium” or “Third Edition”) is the administrative manual of the Register of Copyrights concerning Title 17 of the United States Code and Chapter 37 of the Code of Federal Regulations. It provides instruction to agency staff regarding their statutory duties and provides expert guidance to copyright applicants, practitioners, scholars, the courts, and members of the general public regarding institutional practices and related principles of law.

The Compendium documents and explains the many technical requirements, regulations, and legal interpretations of the U.S. Copyright Office with a primary focus on the registration …

How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy

Articles

Partially due to the widespread use of employee confidentiality and invention assignment agreements, employers routinely take ownership of employee creative outputs and use trade secrets law to enforce those rights post-employment. This Article proposes that, with respect to employee creative outputs, the current status of trade secrets law is inconsistent with the modern workplace, including as significantly altered, maybe permanently, by the COVID-19 pandemic. Accordingly, the goal of this Article is to establish a mode of recognizing employee rights in their own creative outputs through a modification to the existing general skills and knowledge exclusion to explicitly recognize an employee's …

Cartouches, Catalogs, & Courtrooms: Using A Recent Legal Challenge In Egyptian Court To Examine Unanswered Questions In Cultural Heritage, Lawrence Keating

Fordham Intellectual Property, Media and Entertainment Law Journal

Ancient Egypt is known to the world for its rich culture steeped in arcane mysticism and for the dazzling treasures it left behind, which now populate the world’s most prominent cultural institutions. These and other cultural heritage objects, which capture and inspire masses as easily today as they did in their own time, are subject to growing controversy over their protection and utilization. As this debate moves from academic circles to the arena of public discourse, the need to revise legislation controlling cultural heritage objects is becoming increasingly clear. This Note uses a recent law- suit concerning an international exhibition …

The (Unnoticed) Revitalization Of The Doctrine Of Equivalents, Daryl Lim

Faculty Scholarly Works

No abstract provided.

Saving Substantial Similarity, Daryl Lim

Faculty Scholarly Works

Substantial similarity, an analysis of the similarity between two works, is the fulcrum of copyright infringement. Recent cases involving Led Zeppelin's signature song “Stairway to Heaven,” the award-winning movie “The Shape of Water,” and Google and Oracle's dispute over computer code all required courts to grapple with this fundamental analysis. This Article reveals that today's copyright plaintiffs have only a one-in-ten chance of winning--the worst in a century--and also discusses the cause of this trend--defendants' devastatingly effective use of pretrial motions and the rise of lawsuits against nonrival defendants. Scholarly debates on substantial similarity typically revolve around the works of …

Federal Judge Seeks Patent Cases, Jonas Anderson, Paul R. Gugliuzza

Utah Law Faculty Scholarship

Imagine the following advertisement popping up on Craigslist: "FEDERAL JUDGE SEEKS PATENT CASES! (Waco) — Former patent litigator, recently appointed to the U.S. District Court for the Western District of Texas, longs for the intellectual challenge of a good patent fight. Can promise special procedural rules, efficient discovery, and speedy trials. Dismissal, stay, or transfer of case extremely unlikely. File in Waco and get the patent court you've always dreamed of!"

That probably seems bizarre. Still, and startlingly, it accurately portrays what’s happening in the Waco Division of the U.S. District Court for the Western District of Texas. One judge, …

Institution Denied: The Evolution Of Discretionary Denials Of Inter Partes Review Under 35 U.S.C. § 314(A) Since Apple Inc. V. Fintiv, Inc., Kelly A. Welsh

American University Law Review

The Leahy-Smith American Invents Act (AIA), passed by Congress in 2011, dramatically altered the landscape of patent litigation through the creation of new administrative post-grant proceedings for adjudicating patent validity disputes. One of these administrative proceedings, inter partes review (IPR), has proved immensely popular and polarizing. IPR proceedings have invalidated huge swaths of patents, making the decision whether to institute an IPR significant. The current uncertainty regarding whether an IPR proceeding will be instituted, or whether the Patent Trial and Appeal Board (PTAB or Board) will exercise its newfound expanded discretionary denial authority, continues to frustrate both petitioners and patent …

Golan V Holder’S Impact On Orchestra Performance Programming: Annotated Bibliography, Craig M. Winston

Musicology and Ethnomusicology: Student Scholarship

This project will examine how changes in copyright law enacted with the Supreme Court’s 2012 decision on Golan v Holder affect the performance programming of American symphony orchestras. The court’s decision brought many previously public-domain, foreign works under copyright protections in accordance with the Uruguay Rounds Agreement Act; among the musical works were frequently performed pieces by composers such as Prokofiev, Rachmaninoff, and Stravinsky. The result is that previously free or low-cost works would now have to be licensed or rented for performance at great expense to the performing group. I will seek to test a hypothesis proposed by legal …

Creating An Open Works Workshop, Jenelys Cox, Nicolas Parés

University Libraries: Staff Scholarship

Learn how to use Creative Commons licensing, choose a hosting platform, and remix open resources. This workshop explores open resource repositories, examines Creative Commons licenses, remixes materials into a group creative work, and walks participants through considerations when hosting works. This workshop supplies valuable, hands-on experience for participants.

Masthead, Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

Substantial Similarity’S Silent Death, 48 Pepp. L. Rev. 713 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher

Kernochan Center for Law, Media, and the Arts

This Note argues that the traditional legal framework for analyzing a work of alleged criticism as fair use is particularly constraining for YouTube reaction videos and other audiovisual forms of criticism that largely critique or comment on an original work in a non-spoken, visual manner. It discusses the emphasis that the current fair use jurisprudence places on spoken and written critical elements when undertaking a fair use analysis of a work of criticism, then advocates for a new conception of fair use criticism that incorporates film-specific analytical techniques and concepts when analyzing the critical elements of online audiovisual works. Part …

For An Anti-Discrimination Act For Cyberspace: Two-Sided Pricing, Walled Gardens, And The Depletion Of The Marketplace Of Ideas, Julien Mailland

UC Law SF Communications and Entertainment Journal

In the wake of renewed policy interest for the regulation of Internet gatekeepers, I argue that the U.S. Congress should pass a sweeping net neutrality regulation, an Anti-Discrimination Act for Cyberspace. Breaking with the tradition of siloed research which has seen similar proposals grounded in economics, computer science, history, political philosophy, and administrative and constitutional law, as separate matters, I offer a multi-disciplinary approach which combines these fields to draw new insights for Internet law and policy. I argue, with reference to leading Supreme Court cases, including Pruneyard Shopping Center v. Robins, that such a law would most likely pass …

Saving Substantial Similarity, 73 Fla. L. Rev. 591 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

Substantial similarity, an analysis of the similarity between two works, is the fulcrum of copyright infringement. Recent cases involving Led Zeppelin's signature song “Stairway to Heaven,” the award-winning movie “The Shape of Water,” and Google and Oracle's dispute over computer code all required courts to grapple with this fundamental analysis. This Article reveals that today's copyright plaintiffs have only a one-in-ten chance of winning--the worst in a century--and also discusses the cause of this trend--defendants' devastatingly effective use of pretrial motions and the rise of lawsuits against nonrival defendants. Scholarly debates on substantial similarity typically revolve around the works of …

The (Unnoticed) Revitalization Of The Doctrine Of Equivalents, 95 St. John's L. Rev. 65 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Role Of Institutional Repositories In Advancing Open Scholarship: A Case Study From The United Arab Emirates University, Amina Itani, Linda Östlundh

Copyright, Fair Use, Scholarly Communication, etc.

The digitization of theses and dissertations at the United Arab Emirates University (UAEU) began five years ago with the Digital Commons institutional repository (IR) platform, ScholarWorks, employed for the purpose. The project, initiated by the University Library, exemplifies how academic libraries can take the lead in advocating for digital preservation and open access publishing of institutional research materials. This case study describes how the library’s Electronic Theses and Dissertations (ETD) initiative has provided an excellent model to the UAEU for it to start disseminating its research output and how the library’s copyright and open access policies have been crucial for …

Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott

Scholarly Publications

No abstract provided.

Masthead, Editor-In- Chief

Catholic University Journal of Law and Technology

No abstract provided.

Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson

Catholic University Journal of Law and Technology

The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.

To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard

Catholic University Journal of Law and Technology

The purpose of this article is to analyze whether cloud service providers should be considered Systemically Important Financial Market Utilities (SIFMU), subjecting them to increased oversight. It also considers the risks and benefits associated with the use of the technology by financial institutions, as well as potential alternatives. Overall, this article argues that cloud service providers do not fall under the current SIFMU framework, and any regulation of the technology should strive to strike a balance between innovation and safe regulation.

Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist

Catholic University Journal of Law and Technology

The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced by the Google v. Oracle which has percolated in the courts for nearly a decade and is now being heard by the US Supreme Court (oral argument was on October 7, 2020). However, the thesis of this article that a legal construct is capable of being formulated that is analytically consistent and that …