Intellectual Property Law Commons^™

World Wide Whac-A-Mole: The Inadequacies Of The Dmca To Protect Copyright Holders Online And Why Artificial Intelligence Is The Solution, Nathania Davis-Fox

Texas A&M Journal of Property Law

Congress created the Digital Millennium Copyright Act (DMCA) at the dawn of the internet age 25 years ago. It addressed the needs and concerns of Online Service Providers (OSPs) in the nascent cyber landscape, but the DMCA must now be reformed to meet the needs of Web 2.0. The DMCA’s refusal to condition §512(c) safe harbor protection on OSPs’ platform monitoring is no longer practical. This now produces results contrary to the Copyright Act’s purpose of encouraging the creation and dissemination of new works. Copyright owners are fighting a losing battle against infringing OSP users and the DMCA’s notice-and-takedown procedures …

The Impact Of Artificial Intelligence On Lending: A New Form Of Redlining?, Sadie Cavazos

Texas A&M Journal of Property Law

The issue of biased lending is longstanding and has faced much legislation over the past few decades. When issues of discrimination in the housing market became center stage in the 1960s, Congress passed multiple acts to combat what became known as “redlining,” or systematically denying credit to minority groups of people. Acts such as the Fair Housing Act and the Equal Credit Opportunity Act worked to eliminate this discrimination, but that does not mean bias does not still exist. However, lending companies, due to the efforts of the above-enumerated acts, can no longer act on these biases. But with the …

A Constructive Trust Is Not Enough - Enacting A Slayer Statute To Better Protect A Decedent’S Heirs, Joseph William Padjune Iii

Texas A&M Journal of Property Law

This Comment explores how Texas’s common law constructive trust solution used to address the “slayer problem” (the problem that occurs when a person kills an individual they would inherit from) has some substantial limitations and explains how this system would be enhanced by enacting a complementary slayer statute. The current constructive trust doctrine fails to adequately protect a victim’s heirs, is too variable in its application, and creates too much uncertainty. By adopting the slayer statute proposed in this Comment, or one similar, the Texas Legislature can better protect a victim’s estate and their heirs. The overall aim of this …

Transformative Artists: Rebalancing The Fair Use Doctrine, Roberto C. Candelas

Texas A&M Journal of Property Law

Copyright law is intended to increase public access to creative works, and in service of this goal it grants exclusive rights to copyright holders to provide them with the economic incentive to create new works. However, the reality is that creative works are often not only influenced by their predecessors, but often are accretions of previous concepts, stylistic approaches, and ideas that add a creator’s imprimatur and thus create a new work that is tethered to its derivatives in ways that range from tenuous to seemingly duplicative. It is within this zone of ambiguous connection that the doctrine of fair …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review Online

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Million-Dollar Mysteries: Recent Complex Patent Cases Lost To Rule 36, Dennis D. Crouch

Faculty Publications

This article examines the Federal Circuit's continued use of Rule 36 summary affirmances to dispose of complex patent cases without written opinions. Through analysis of eight recent Rule 36 cases decided in early 2025, the author demonstrates that sophisticated legal issues involving millions of dollars are being summarily affirmed despite presenting novel and important questions of patent law. The cases discussed involve design patent evidentiary standards, jury trial rights for hybrid legal-equitable claims, analogous art determinations, claim construction, written description requirements, and PTAB procedural issues. The author argues that while the court may be avoiding difficult cases with complex factual …

The Digital Doctor-Patient Relationship: Imposing Heightened Duties On Femtech Apps, Kevin Frazier

The University of Cincinnati Intellectual Property and Computer Law Journal

The rapid rise of femtech apps has transformed the landscape of reproductive health, offering users access to information and services that were traditionally the domain of medical professionals. These apps, ranging from menstrual tracking to fertility planning tools, often position themselves as indispensable companions for users navigating critical health decisions. Yet, the legal frameworks governing these apps fail to account for the sensitive nature of the user-developer relationship, leaving users vulnerable to inaccurate guidance, data misuse, and inadequate recourse in cases of harm.

This essay argues that femtech app developers often assume roles akin to medical providers, creating relationships with …

Motion For Leave To File Brief Of Law Professors Sarah Fackrell, Eric Goldman, Elizabeth Rosenblatt, And Saurabh Vishnubhakat As Amici Curiae In Support Of Defendant-Appellee And Affirmance, Saurabh Vishnubhakat

Amicus Briefs

Amici professors Sarah Fackrell (who previously published under the name Sarah Burstein), Eric Goldman, Elizabeth Rosenblatt, and Saurabh Vishnubhakat, respectfully move for leave to file a brief in support of Appellee in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3). The brief is being tendered herewith. All parties have received notice of the filing of this brief. Counsel for Appellee AccEncyc US consents to the filing; counsel for Appellants Jacki Easlick LLC, JE Corporate LLC, indicated, after multiple requests over a seven-day period, that they are unable to state a position on the filing of the …

Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This article identifies copyright impediments existing in the sphere of science, and then tentatively suggests how such impediments may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, and specifically asks whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. …

Access To Scholarly Publications In The Global North And The Global South—Copyright And The Need For A Paradigm Shift Under The Right To Science, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This paper assesses the deficits of copyright law for digital science, and potential solutions thereto, in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (“REBSPA” or “right to science”), as protected in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights of 1966. While, in the shorter term, existing copyright law needs to undergo certain reforms (which would all be supported by the REBSPA) to accommodate the needs of science, in the longer term, the right to science, thus the argument here, requires something else – much more, …

Public Patent Powers, Laura E. Dolbow

Michigan Law Review

Congress has created multiple structures for agencies to control how patents are used, but that institutional design choice has received little academic attention. This Article provides the first comprehensive survey of existing laws that expressly authorize agencies to control patents. I locate 113 express conditions across 68 laws that expressly authorize executive actors to make some form of decision about patents. These powers, which I refer to as “public patent powers,” allow the government to use patented inventions, to obtain patents, to authorize third parties to use patented inventions, and to regulate how patents are used. Agencies have used many …

Deepfakes Can Ruin Lives And Livelihoods – Would Owning The ‘Rights’ To Our Own Faces And Voices Help?, Graeme W. Austin, Jane C. Ginsburg

Faculty Scholarship

Not that long ago, the term “deepfake” wasn’t in most people’s vocabularies. Now, it is not only commonplace, but is also the focus of intense legal scrutiny around the world.

Known in legal documents as “digital replicas”, deepfakes are created by artificial intelligence (AI) to simulate the visual and vocal appearance of real people, living or dead.

Unregulated, they can do a lot of damage, including financial fraud (already a problem in New Zealand), political disinformation, fake news, and the creation and dissemination of AI-generated pornography and child sexual abuse material.

For professional performers and entertainers, the proliferation and increasing …

Biomanipulation, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Scientific and technological advances in the latter part of the twentieth century transformed the field of biometrics. Carleton Simon, for instance, first postulated using retinal vasculature for biometric identification in 1935, but it was not until forty years later that an Eyedentify patent brought the idea to fruition. In 1937, John Henry Wigmore anticipated using oscilloscopes to identify individuals by speech patterns. Decades later, digitization and speech processors made voiceprint identification possible. In the 1970s, biological discoveries similarly led to the development of deoxyribonucleic acid (DNA) sequencing. And while Alphonse Bertillon in the late nineteenth century postulated iris distinctions, it …

Public Baths & Gender Reconstruction In The Mangkunegaran Region Of Solo, Fiera Saffana, Irmawati Marwoto

International Review of Humanities Studies

The division of gender roles in space is already evident from the layout of traditional Javanese buildings, which reflects a patriarchal culture where men are at a higher level than women. These gender boundaries and norms are also reflected in the spatial form of public bath in Solo. This research uses the archaeological method by Deetz which consists of data collection, data processing, and data interpretation. Explaining by presenting facts based on data obtained in the field, then data processing is carried out by involving analysis of the field data that has been collected. The last stage is the interpretation …

Cultural Discount: Breakthrough Point Of China's Tv Drama Exports To Southeast Asia, Lingxing Li

International Review of Humanities Studies

Driven by China's "Going Global" strategy, the international influence of Chinese TV series continues to grow. As a key vehicle of China's cultural soft power, these TV series have significantly bolstered China's global cultural presence, particularly in Southeast Asia, by showcasing China's rich history and contemporary societal changes. Despite certain geographical and cultural similarities between China and Southeast Asia, cultural differences still present challenges to the dissemination of Chinese TV dramas, particularly in areas such as language, values, and religious beliefs. This paper not only analyzes effective strategies for mitigating "cultural discounts" but also challenges the traditional one-dimensional view of …

Understanding The Transmission Of Deepavali Culture In Malaysia From The Perspective Of The "Circuit Of Culture ", Su Zihua, Mochamad Aviandy

International Review of Humanities Studies

As an important traditional festival in India, Deepavali carries profound cultural and religious connotations and has spread widely across Southeast Asia. Malaysia has become a typical example for articleing the transmisi of Deepavali due to its large Indian population and diverse cultural circulation. This article adopts a qualitative research method, gathering data and literature from various platforms and deeply analyzing three aspects of Deepavali in Malaysia: representation and identity, production and consumption, and regulation.The article finds that its cultural symbols construct Indian identity, and the multicultural integration of elements promotes the identification of shared values. Various activities and advertisements during …

Towards Resolution: Comparative Lessons For Advancing Peace And Justice In Papua, Tagor Hutapea, Alexander Evan

International Review of Humanities Studies

The conflict in Papua represents a complex interplay of identity, sovereignty, and historical grievances, shaped by structural violence and socio-political exclusion. This study explores strategies for advancing peace-building and justice in Papua, drawing on Johan Galtung’s theory of peace and conflict and comparative lessons from the Aceh conflict in Indonesia and the Irish Republican Army’s (IRA) struggle in South Ireland. The findings emphasize the importance of addressing root causes such as historical injustices, economic inequality, and cultural exclusion. Inclusive governance and dialogues that respect ethnic diversity and local identities are critical to creating sustainable solutions. Case studies reveal that effective …

The Intricate Relationship Between Parents, Teachers And Media In Their Context Of Nation-Building, Emmanuel Olumuji

International Review of Humanities Studies

This study examines the intricate relationship between parents, teachers, and media in the context of nation-building, emphasizing their collective role in shaping societal values and fostering holistic development. Drawing insights from scholarly literature and empirical studies, the study considers the influence of parents, teachers, and media on child development, moral education, and civic engagement. The study underscores the pivotal role of educators in instilling moral values, critical thinking skills, and civic responsibility among students, thereby contributing significantly to the development of a nation's human capital. Moreover, the study highlights the media's potential as a catalyst for social change, advocating for …

Plurality Of Countable Nouns In Chinese And Indonesian: Morphological And Syntactic Perspectives With Pedagogical Implications, Hatmi Idris

International Review of Humanities Studies

This study investigates the plural meaning and expression of countable nouns in Chinese and Indonesian from morphological and syntactic perspectives and explores implications for language pedagogy. Although both languages encode plurality, they employ distinct mechanisms, which may pose challenges for Indonesian learners of Chinese. Using a qualitative, literature-based approach, data were drawn from scholarly studies, Chinese teaching materials, and reference sources such as dictionaries. Analysis focused on morphological markers, including affixation and reduplication, as well as syntactic structures, such as numeral–classifier phrases and quantifiers constructions. The findings show that Chinese expresses plurality through the suffix –men, classifier-based syntactic patterns, …

Impact Analysis Of China's Electric Vehicle Distribution On Cultural Identity Jakarta Society, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the impact of China's electric vehicle distribution on the cultural identity of Jakartans. With increasing air pollution and congestion in the capital city, electric vehicles have emerged as a sustainable transportation solution. This study uses a qualitative approach with data collection through interviews with 5 sources of information, namely Mr. Susanto, Mr. Robert, Mrs. Astrid, Mrs. Ratna and Mrs. Jeane. This was done to understand the adoption of electric vehicles affecting social values, cultural interactions, and community mobility patterns. The results of the study show that electric vehicles are not only an alternative transportation, but also a …

The Influence Of Meme Culture On The Perception Of Japanese Music: A Survey Of Dolphin In Town-Kingo Hamada, Salsabila Alfajri, Bambang Wibawarta

International Review of Humanities Studies

The research aims to explore the influence of meme culture on the perception of Japanese music in the digital era, specifically analyzing the impact of meme culture on the song "Dolphin in Town" by Kingo Hamada. This study utilized quantitative methods, with surveys as the main technique for data collection. The results showed that meme culture plays an important role in introducing songs and artists that may not have previously received attention. The study also highlights the diverse impacts of meme culture on the perception of Japanese music, including its influence on popularizing, accepting, and interpreting music in various ways. …

The Systematics Of Online Debt Collection Speech In Indonesian, Filia Filia Dr., Muhammad Rifqi Herjoko

International Review of Humanities Studies

This study examines the discourse systematics used in the online loan collection speeches in the Indonesian language. Online loans are one of the financial services that are widely used by the people nowadays. However, the efforts to collect these loans have raised issues within the community. This study aims to elaborate on the speech acts and systematics forming the discourse of online loan collection. This study is using 50 screenshots of online loan collection messages on Instagram accounts as the data source. Research data is in the form of speeches used by the creditors to collect debt from the debtors. …

Complexities Behind The Javanese Shrounds: Unraveling Textile Symbolism For The Dead Through Mikhail Bakhtin’S Heteroglossia, Asha Kun Nayla Faizin, Ganang Dwi Kartika

International Review of Humanities Studies

The shroud, a textile used to wrap and accompany humans in death, is far from a simple object. Within Islamic traditions, the white cloth applied to the deceased's body takes on various changes, modifications, and deeper meanings when individuals contextualize their own beliefs and experiences through it. This study focuses on the shroud's role in Islamic death rituals in Java, revealing a multiplicity of meanings as theorized by Mikhail Bakhtin's concept of heteroglossia. By employing a pragmatic semiotic approach, this research interprets and analyses the symbols that emerge from the contextualization of these textiles within Javanese death rituals. The study’s …

Ame's Rebranding Strategy To Build Brand Identity And Enhance Stronger Competitiveness, Michelle Adelia Sentosa, Aniendya Christianna

International Review of Humanities Studies

This research analyses AME's rebranding process to build a strong brand identity and increase competitiveness in the fashion industry. Using a descriptive qualitative method, data was collected through in-depth interviews, observations, and documentation studies. The results showed that AME's rebranding involved visual design changes as well as adjustments to the brand's vision and mission. The new illustration and packaging elements successfully attracted consumers' attention and created a positive experience, which resulted in increased sales and positive responses from consumers. The findings provide valuable insights into rebranding strategies in the fashion industry and their implications for brand identity and business performance, …

Social Media Optimization Of Ramampa Resto & Bar As A Visual Strategy, Monique Pricilya Oei, Aniendya Christianna

International Review of Humanities Studies

In the digital era, social media has become an important marketing tool for businesses, including the culinary industry. This study examines the use of motion graphics to develop the social media presence of Rarampa Resto and Bar, a restaurant serving Manado cuisine and healthy MSG-free food, located in South Jakarta. Although the restaurant has a loyal customer base, particularly from the 40-60 age group, its social media content fails to attract younger audiences, especially millennials, who seek unique and authentic culinary experiences. This study suggests that Rarampa's social media content, which mainly focuses on event photography and the restaurant's ambiance, …

The Construction Of The Image Of The “Ideal Wife” In Intercultural Marriages: A Case Study On The Youtube Video “Younger Singapore Men Looking For Vietnam Brides, Li Jie

International Review of Humanities Studies

This study explores the process of constructing the image of the “ideal wife” in intercultural marriages, using the video Younger Singapore Men Looking for Vietnam Brides as a case study. It analyzes the economic and cultural motivations of Singaporean men in choosing Vietnamese wives. By applying Judith Butler’s theory of gender performativity and Henri Tajfel’s social identity theory, the study examines how Vietnamese brides are symbolized as the “ideal partner” and how this phenomenon reflects modern gender role conflicts and identity reconstruction. Through an analysis of interviews in the video and relevant comments, the research reveals the dynamic interaction between …

China's Cultural Diplomacy And Its Engagement With The Peranakan Community In Malacca, Kotchaphop Kornphetcharat, Lee Yuen Thien

International Review of Humanities Studies

China's cultural diplomacy utilizes a range of strategies, including cultural exchange programs, media outreach, and people-to-people interactions, to further its national interests and enhance its international image. The primary aims are to foster a positive perception of China, build mutual understanding and trust with other nations, and expand China's cultural and economic influence. The overseas Chinese community in Southeast Asia has been recognized as a crucial conduit for advancing Chinese cultural policy globally. Recently, the Chinese government has conducted official visits to the Baba & Nyonya Heritage Museum in Malacca, Malaysia, exemplifying its efforts to engage with the local community. …

Exploring The Ontological Basis Of Law: Joseph Raz's Views On Normativity Within The Framework Of Legal Realism, Artha Debora Ads Silalahi, Rizal Mustansyir, Sindung Tjahyadi

International Review of Humanities Studies

This study explores the moral ontology of law within the framework of Legal Realism, contextualizing law as both a social institution and an institution of justice. Drawing on Joseph Raz's perspectives on practical reason, normativity, and the foundations of norms, the analysis examines how law, as a practical guide, inherently carries moral dimensions in regulating social interactions and pursuing justice. Legal Realism frames law as a dynamic product of human interaction within a social context, while Raz's philosophical insights illuminate the interplay between practical reasoning, normativity, and legal structures. By focusing on the moral underpinnings of legal norms, this paper …

Problems Of Obligation To Use Indonesian As Trademarks Against International Principles Concerning Words As Mark, Hosiana Daniel Adrian Gultom, Agus Sardjono, Henry Soelistyo Budi, Untung Yuwono

Indonesian Journal of International Law

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This …

Discovery, Injury, And Diligence: Reconciling Subjective And Objective Copyright Limitations Standards Post-Warner Chappell, Dennis D. Crouch, Timothy Knight

Faculty Publications

This Article examines the evolving interpretation of the Copyright Act's statute of limitations in light of RADesign, Inc. v. Michael Grecco Productions, Inc., a case pending before the Supreme Court. Following the Court's decision in Warner Chappell Music, Inc. v. Nealy (2024), which left open the question of whether copyright claims can be based on infringement occurring more than three years prior, the circuit courts remain split on whether the three-year statute of limitations runs from the time of infringement (the "injury rule") or from when the copyright holder discovers the infringement (the "discovery rule"). Through analysis of the Grecco …