Science and Technology Law Commons^™

Cross-Border Limitations And Exceptions To Copyright: “Powered By Ai.”, Trimble, Marketa

Santa Clara High Technology Law Journal

Businesses and institutions that wish to utilize copyright protected works in multiple countries face a multiplicity of national copyright laws; although national copyright laws have been harmonized in accordance with several international treaties and harmonized even more in the European Union member states by European Union legislation, countries’ copyright laws continue to vary. The multiplicity of national copyright laws raises costs of transnational operations, including for businesses and institutions that rely on limitations and exceptions to copyright (“L&Es”) in multiple countries. For example, AI companies might want to rely on L&Es to train and deploy their AI in multiple countries, …

Level Up Your Legal Knowledge: A Gamer’S Guide To Navigating Copyright Challenges For Video Game Music Covers And Sheet Music Arrangements., Lee, Aliza Jimin

Santa Clara High Technology Law Journal

Video games are a significant part of many people’s lives, offering immersive worlds, memorable experiences, and music that stays with us long after the controller has been put down. Fans and players who love video game music often express their appreciation by creating music covers, arranging sheet music, and performing video game compositions. However, the legal complexities surrounding copyright are not always top of mind for these creators. This paper explores the intersection of copyright law and fan-created video game music, focusing on covers and sheet music arrangements. It outlines how ownership of music in the video game industry is …

The Ai-Copyright Trap, Carys Craig

All Papers

As AI tools proliferate, policy makers are increasingly being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. In the haste to act, however, they risk running headlong into the Copyright Trap: the mistaken conviction that copyright law is the best tool to support human creators and culture in our new technological reality, when in fact it is likely to do more harm than good. This is a trap in the sense that it may satisfy the wants of a small group of powerful stakeholders, but it will …

Ban Cookie Banners: A Case Study In Tech Regulation, Kate Klonick

Faculty Publications

Few experiences on the modern internet are as universally reviled as the cookie banner. They clutter websites with pop-ups, interrupt user flow, make information harder to access, and demand repetitive, meaningless clicks. What was once heralded as a tool to advance individual autonomy and privacy has, in practice, become a daily annoyance that breeds cynicism with the very concept of consent itself. Cookie banners do not empower; they weary. They do not inform; they obscure. They do not prevent surveillance; they normalize it.

The tragedy of the cookie banner is that it embodies the best intentions but worst solutionism of …

Regenerating Justice: Chatgpt And The Legal Minefield Of Generative Ai, Katie Szilagyi

Canadian Journal of Law and Technology

This paper adopts an automation bias lens to cast doubt on the growing claims that GenAI is a transformational tool for legal industry. In this context, automation bias refers to the well-known psychological phenomenon in which human decision-makers unwittingly defer to automated processes, flowing from overreliance on the accuracy of the automation. Even well-meaning individuals aiming to keep a “human-in-the-loop” of any automated decision can fall prey to this well-documented phenomenon, trusting the technology more than it deserves to be trusted. Champions for current GenAI technologies often do acknowledge limitations within the existing landscape of tools, like GenAI’s tendency to …

Governing Intelligence: Singapore’S Evolving Ai Governance Framework, Jason G. Allen, Jane Loo, Jose Luna

Research Collection Yong Pung How School Of Law

This paper provides an outline analysis of the evolving governance framework for Artificial Intelligence (AI) in Singapore. Across the Singapore government, AI solutions are being adopted in line with Singapore’s “Smart Nation Initiative” to leverage technology to make impactful changes to the nation and the economy. In tandem, Singaporean authorities have been assiduous to release a growing number of governance documents, which we analyse together to chart the city-state’s approach to AI governance in international comparison. Characteristics of Singapore’s AI governance approach include an emphasis on consensusbuilding between stakeholders (particularly government and industry but also citizens) andvoluntary or “quasi” regulation, …

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …

Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing …

Environmental Law And Social Mistrust- How The Repeal Of The Chevron Doctrine May Hinder The Epa And More, Rebecca R. Collins

Honors Undergraduate Theses

I am specifically studying the effects of a recent Supreme Court decision will have on administrative law and specifically on the EPA. Simply put, the decision is likely going to foster distrust within the EPA and decisions that are made within environmental law, as the shift goes away from scientific experts, but to less educated legal professionals who interpret the laws. In the past, people thought of the initial Chevron decision as incredibly beneficial for scientific matters and for the environment. Chervon was removed recently with another Supreme Court decision that made this idea obsolete, removing professionals from the power …

Intellectual Property—Copyright Law—Ai Is “Actual Imitation:” An Argument On Why Generative Ai Should Not Be Allowed To Learn From Copyrighted Materials Without Authorization, Tj Stotts

University of Arkansas at Little Rock Law Review

No abstract provided.

Discord And The Pentagon's Watchdog: Countering Extremism In The U.S. Military, Amy Gaudion

Faculty Scholarship

In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today’s technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: “We have built networks for the delivery of information––the internet, and especially social media. These networks too, are a marvel. But they also carry a kind of poison with them. The mind fed from those sources learns to subsist happily on quick reactions, easy certainties, one-liners, and rage.”1 This Article carries the metaphor into a new context and considers what should …

Language Models' Verbatim Copying: Copyright Infringement Analysis Through The Lens Of The New York Times Co. V. Microsoft Corp., Openai, Inc. Et Al., Tian "Tony" Chen

Cardozo Arts & Entertainment Law Journal

In their high-profile suit in late 2023, The New York Times Company ("The Times") alleged that OpenAI's Generative Pre-trained Transformer (GPT) language models might output "near-verbatim" copies ("memorizations") of the works of The Times based on certain user prompts and thus might have infringed on The Times's exclusive rights over its content. One of the central issues is whether the embodiment of unauthorized reproductions of Times content in the GPT models constitutes a copyright infringement. This comment argues that OpenAI might have a colorable fair use affirmative defense despite the plaintiff's prima facie copyright infringement claim.

Existing literature on the …

Unveiling The Environmental Impact Of Large Language Models On Indigenous Communities: A Call For Action And Liability, Nina-Simone Edwards

Library Scholarship

Large Language Models (LLMs) have rapidly gained popularity for their language generation and comprehension capabilities, promising increased efficiency in various sectors. However, while celebrated for their transformative potential, LLMs exacerbate current climate issues. This Article highlights the detrimental environmental footprint of LLMs, with a focus on their role in escalating climate change and their disproportionate effects on Indigenous communities. These communities, closely tied to their land, bear the brunt of environmental degradation, further aggravated by LLM-induced emissions.

This Article first dissects the interplay between environmental justice and technological innovation, advocating for a reevaluation of the trust relationship between tribal nations …

Al Assisted Inventing And Its Impact On The Patent System, Ben Gross

Cardozo Arts & Entertainment Law Journal

The note examines the challenges posed by AI-assisted inventing to the patent system, particularly focusing on the "black box" nature of AI, which obscures the inventive process and complicates patent requirements such as inventorship and disclosure.

Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered, Riann Colbert

Cardozo Arts & Entertainment Law Journal

The proliferation of "Superfake" luxury goods, which are high-quality counterfeit items nearly indistinguishable from authentic products, poses significant challenges to trademark law, consumer protection, and the broader economy. These items, often sold through e-commerce platforms, not only undermine legitimate businesses but also expose consumers to health risks, support organized crime, and perpetuate environmental harm. The note advocates for enhanced legal frameworks and consumer education to mitigate these issues.

Shining Light On Policy: The Case For Solar Panel Mandates On New Construction Projects, Emily Glazier

Cardozo Journal of Equal Rights & Social Justice

The note argues that solar panel mandates on new construction projects are a necessary and sensible approach to reducing greenhouse gas emissions and achieving climate goals, but their implementation must include provisions to protect vulnerable communities and address environmental justice concerns. While such mandates face legal and political challenges, the benefits of decreased emissions and energy independence outweigh the costs, particularly when paired with measures like community solar systems, incentives, and exemptions.

Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes

Cardozo International & Comparative Law Review

The note explores the transformative impact of artificial intelligence (AI) on the fashion industry, highlighting its potential to enhance efficiency, innovation, and customer experience. However, it underscores the critical legal and ethical challenges, including data privacy, intellectual property rights, supply chain transparency, and diversity issues, that must be addressed to ensure responsible and equitable adoption of AI technologies.

Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban

Cardozo Journal of Conflict Resolution

This Note will argue that Alternative Dispute Resolution ("ADR") can successfully be utilized to mediate disputes between parents and social media platforms to facilitate account access in certain instances where a minor child has passed away in a manner that warrants answers. This Note will argue that the rise in mediation being used to resolve probate issues and reform of arbitration use amongst social media platforms, coupled with the continued increase of minors using social media, indicates opportunities for settlements between parents and platforms. This Note will then propose a multi-tiered approach, that would first utilize a conciliator who is …

Adapting To Change: Navigating The Evolving Role Of Electronic Resources Librarians, Sam Cabo

Law Faculty Publications

The growing number and intricacy of online services, in addition to dwindling formats like CD-ROMs and print, are ushering in new expectations and opportunities for electronic resources librarians (ERLs). From developing data analysis and management strategies, to automating tasks, managing modern authentication workflows, and navigating the nascent landscape of generative artificial intelligence (AI), ERLs are wearing many hats as they adapt quickly to shifts in technology and the needs of their institutions. In November 2024, the authors conducted an informal survey (which generated 51 responses) of American Association of Law Libraries (AALL) members via several My Communities groups. The authors …

Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman

Cardozo International & Comparative Law Review

No abstract provided.

The Doors Of Janus: A Critical Analysis Of The Socio-Technical Forces Eroding Trust In The Rule Of Law, Anuj Puri, Esther Keymolen

Cardozo Arts & Entertainment Law Journal

The Rule of Law is neither just a principle nor solely the institutions that embody that principle, a critical aspect of the Rule of Law is its grounding in trust which often gets neglected in the surrounding discourse. When the citizens' trust in the Rule of Law weakens, the Rule of Law becomes fragile. In this article we examine the impact of emerging technologies on the citizens' trust in the Rule of Law. Our analysis is specifcally focused on the effect of systemic disinformation which is likely to worsen with the advent of Generative AI, algorithmic misgovernance, and the digitalization …

"The Gift Of A Golden Voice": Shaping The Right Of Publicity To Protect Performers From A.I. Abuses, Sebastian Saavedra

Cardozo Arts & Entertainment Law Journal

The note explores the evolving nature of the right of publicity, a unique area of intellectual property and privacy law that protects individuals' control over their likeness and persona. It examines the challenges posed by emerging technologies, particularly AI-generated content, and advocates for a balanced approach that integrates elements from trademark and copyright law while respecting First Amendment rights. The analysis emphasizes the need to protect performers' rights to their public image without undermining established legal frameworks.

Can Commercials Be Art? An Analysis Of Intellectual Property Preawareness In The Barbie Era, Shreya Kalidindi

Cardozo Arts & Entertainment Law Journal

The note examines the evolution of advertising, particularly native advertising, and critiques the inadequacy of current regulatory frameworks in addressing its deceptive potential. It highlights how modern advertising practices, such as product placement in films like Barbie, blur the line between commercial speech and artistic expression, challenging the Federal Trade Commission’s (FTC) ability to protect consumers. The analysis argues that strengthening existing regulations is insufficient and advocates for empowering consumers to make informed decisions, as the legal system struggles to keep pace with innovative advertising strategies.

"Be Thankful I Don't Take It All ('Cause I'M The Taxman)": Music Transactions, Catalog Sales, And Tax Treatment, Hannah M. Bartfield

Cardozo Arts & Entertainment Law Journal

This Note examines music catalog transactions from a tax perspective to determine the key considerations, benefits, and consequences of such a transaction, and then addresses why these characteristics are inconsistent with the purpose of copyright law. First, this Note addresses the copyright concepts that govern the music industry in Part I.B. In Part II, royalties are discussed as one method that musicians can rely on to earn revenue from their music, including a summary of how those earnings are taxed. In Part III, these findings will be weighed against similar considerations for the sale of an artist's music catalog, including …

Law As A Lamp Post, Janet Freilich

Faculty Scholarship

Law produces all manner of public information: court documents, securities filings, patents, property records, and much more. This information is used in a multitude of ways—it teaches readers about individual cases, transactions, or entities, and is also aggregated to inform policymaking, set priorities, and drive predictive analytics and artificial intelligence.

But choices about the information produced (or hidden) by law are often unintentional. Doctrines and institutions that appear facially unrelated to information production—like subject matter jurisdiction—nonetheless affect the shape and quantity of data produced. And even doctrines focused on information— like property recordation—create data used for purposes never envisioned by …

Gig Work At What Cost? Exploring Privacy Risks Of Gig Work Platform Participation In The U.S., Amogh Pradeep, Johanna Gunawan, Álvaro Feal, Woodrow Hartzog, David Choffnes

Faculty Scholarship

In recent years, "gig work" platforms have gained popularity as a way for individuals to earn money; as of 2021, 16% of Americans have at some point earned money from such platforms. Despite their popularity and their history of unfair data collection practices and worker safety, little is known about the data collected from workers (and users) by gig platforms and about the privacy dark pattern designs present in their apps.

This paper presents an empirical measurement of 16 gig work platforms' data practices in the U.S. We analyze what data is collected by these platforms, and how it is …

Information Retrieval In The Age Of Generative Ai: A Mismatch That Matters, Alex Zhang

Faculty Scholarship

This short piece explores a widespread and yet underexamined or even overlooked misconception, that is, large language models (LLMs) function like traditional legal research databases. They do not. As a matter of fact, information retrieval from databases functions very differently from LLMs in terms of inputs, retrieval processes, and outputs. These differences have significant implications for transparency, traceability, and overall effectiveness in AI-driven legal research. Without intentional oversight and adaption, these changes could profoundly affect how we develop research skills and a cumulative knowledge base, both of which are essential skills for lifelong learning in the legal field.

This article …

Artificial Intelligence And Procedural Due Process, Brandon L. Garrett

Faculty Scholarship

Artificial intelligence (AI) violates procedural due process rights if the government uses it to deprive people of life, liberty, and property without adequate notice or an opportunity to be heard. A wide range of government agencies deploy AI systems, including in courts, law enforcement, public benefits administration, and national security. If the government refuses to disclose the reasons why it denied a person bail, public benefits, or immigration status, serious due process concerns arise. If the government delegates such tasks to an AI system, the due process analysis does not change. One asks whether a person received adequate notice and …