Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections,
2019
Benjamin N. Cardozo School of Law
Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 37 (2019-2020),
2019
Yeshiva University, Cardozo School of Law
Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 37 (2019-2020)
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 37, Iss. 1,
2019
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 37, Iss. 1
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Blood Antiquities Convention As A Paradigm For Cultural Property Crime Reduction,
2019
South Texas College of Law Houston
The Blood Antiquities Convention As A Paradigm For Cultural Property Crime Reduction, Derek Fincham
Cardozo Arts & Entertainment Law Journal
In 2017, the Council of Europe opened for signature the first ever international treaty aimed at policing cultural property. As more attention has been paid to the damage done by the theft, looting, and illicit trafficking of cultural objects, the Council of Europe has met this challenge with an ambitious convention, which aims to fill gaps in the current criminal laws. These gaps have too often been exploited by individuals in the illicit antiquities trade. The author had an opportunity to present his analysis of a draft version of the Council of Europe's Convention at a meeting held in Lucca, …
The Limitations Of Information: Rethinking Soft Paternalistic Interventions In Copyright Law,
2019
Haifa University
The Limitations Of Information: Rethinking Soft Paternalistic Interventions In Copyright Law, Yifat Nahmias
Cardozo Arts & Entertainment Law Journal
Authors and intermediaries seldom enjoy equal bargaining power. This disparity-as well as information asymmetries-has been claimed to significantly undermine authors' ability to capture a fair share of the wealth generated from their creative efforts and contributions, thereby possibly reducing their incentive to create expressive works and compromising the myriad other benefits that copyright protection is meant to provide. To address this problem, legislatures have adopted soft paternalistic interventions designed to improve authors' choices without applying a hard-handed approach. Such interventions benevolently push the author away from risk or encourage her to make decisions that the legislator perceives to be in …
Cultural Appropriation Of Traditional Garment Designs In The Post-Star Athletica Era,
2019
Benjamin N. Cardozo School of Law
Cultural Appropriation Of Traditional Garment Designs In The Post-Star Athletica Era, Sahara F. Farzaneh
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Alexa, Can You Buy Whole Foods?": An Analysis Of The Intersection Of Antitrust Enforcement And Big Data In The Amazon-Whole Foods Merger,
2019
Benjamin N. Cardozo School of Law
"Alexa, Can You Buy Whole Foods?": An Analysis Of The Intersection Of Antitrust Enforcement And Big Data In The Amazon-Whole Foods Merger, Marc J. Veilleux Jr.
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Brief Introduction To Digital Art & Blockchain,
2019
Yeshiva University, Cardozo School of Law
A Brief Introduction To Digital Art & Blockchain, Jessica Bookout, Lauren Cimbol, Shannon Leigh Collins, Devin L. Newman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introductions,
2019
Benjamin N. Cardozo School of Law
Introductions, Julia Spivak, Tonya M. Evans
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel 1: Digital Art And Digital Collectibles,
2019
Quidd
Panel 1: Digital Art And Digital Collectibles, Ross Blum, Steve R. Schindler, Amy Whitaker, Elena Zavelev, Christopher Buccafusco
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Shared Value Over Fair Use: Technology, Added Value, And The Reinvention Of Copyright,
2019
New York University
Shared Value Over Fair Use: Technology, Added Value, And The Reinvention Of Copyright, Amy Whitaker
Cardozo Arts & Entertainment Law Journal
The protection of fair use in the arts has become an inflexible binary. Either artist Shepard Fairey has permission to use the Associated Press photograph of Barack Obama to create the Hope Poster, or he has stolen the image in violation of copyright. This legal framework is rigid, inaccurate, and creatively unsafe. Yet it is the interpretation, not the doctrine itself, that needs shifting. The copyright statute already includes an overlooked "value" test that can more accurately reflect collaboration and sampling in the digital age. And yet instead, some scholars have responded to digital copying by suggesting we throw out …
Intellectual Property Harms: A Paradigm For The Twenty-First Century,
2019
Boston University School of Law
Intellectual Property Harms: A Paradigm For The Twenty-First Century, Jessica Silbey
Faculty Scholarship
This short essay is part of a larger book project that investigates how contemporary intellectual property debates, especially in the digital age, are taking place over less familiar terrain: fundamental rights and values. Its argument draws from the diverse, personal accounts of interviews from everyday creators and innovators and focuses on descriptions of harms and, as some say “abuses,” they suffer within their practicing communities. The harms are not described are the usual harms that intellectual property law is understood to prevent. Typically, intellectual property injuries are conceived in individual terms and as economic injuries. An infringer is a thief. …
Existential Copyright And Professional Photography,
2019
Boston University School of Law
Existential Copyright And Professional Photography, Jessica Silbey, Eva Subotnik, Peter Dicola
Faculty Scholarship
Intellectual property law has intended benefits, but it also carries certain costs — deliberately so. Skeptics have asked: Why should intellectual property law exist at all? To get traction on that overly broad but still important inquiry, we decided to ask a new, preliminary question: What do creators in a particular industry actually use intellectual property for? In this first-of-its-kind study, we conducted thirty-two in-depth qualitative interviews of photographers about how copyright law functions within their creative and business practices. By learning the actual functions of copyright law on the ground, we can evaluate and contextualize existing theories of intellectual …
Video Games In The Twenty-First Century: Parallels Between Loot Boxes And Gambling Create An Urgent Need For Regulatory Action,
2019
Vanderbilt University Law School
Video Games In The Twenty-First Century: Parallels Between Loot Boxes And Gambling Create An Urgent Need For Regulatory Action, Alexandra M. Prati
Vanderbilt Journal of Entertainment & Technology Law
A loot box is a purchasable in-game digital container holding randomized virtual rewards. In recent years, loot boxes have become increasingly common in video games. A large number of major video game titles now incorporate loot boxes, and loot box sales now eclipse traditional game sales as the primary source of revenue for much of the video game industry. Given that more than half of teenagers play video games for several hours each day, the growth of loot boxes has sparked a contentious debate over whether loot boxes constitute a form of unregulated gambling targeted at children. This Note contributes …
Art In The Age Of Contractual Negotiation,
2019
University of Kentucky
Art In The Age Of Contractual Negotiation, Christopher G. Bradley, Brian L. Frye
Kentucky Law Journal
No abstract provided.
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule,
2019
William S. Boyd School of Law, University of Nevada
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance
Cardozo Arts & Entertainment Law Journal
No abstract provided.
From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law,
2019
University of Helsinki
From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law, P. Sean Morris
Cardozo Arts & Entertainment Law Journal
Legal doctrines, aided and abetted by interpretations of the courts, carry the force of law. The implication is that when courts settle matters, they often go beyond the scope of current intellectual property legislation. Furthermore, global problems in intellectual property may require the participation of private intellectual property rights owners to bring suit. This, in turn, often creates more problems due to the territorial, trans-territorial, and extraterritorial reach of the law, especially with respect private trademark rights. I explore this and other legal conundrums in this Article. The key concern addressed in the Article is how far trademark law is …
Exhaustion In The Service Of Progress,
2019
Ono Academic College
Exhaustion In The Service Of Progress, Ofer Tur-Sinai
Cardozo Arts & Entertainment Law Journal
Under the doctrine of patent exhaustion, an authorized sale of a patented item exhausts the patentee's rights with respect to that item, leaving the purchaser and subsequent owners free to use or resell it without fear of an infringement lawsuit. In 2017, the U.S. Supreme Court issued its landmark decision in Impression Products v. Lexmark International, which strengthened the exhaustion doctrine in various significant ways. The Court held that an authorized sale of a patented item exhausts all patent rights with respect to that item, regardless of any restrictions on use or resale the patentee purports to impose. The Court …
Exploration Of The Nfl Franchise Tag Functioning As A Non-Compete Clause,
2019
Benjamin N. Cardozo School of Law
Exploration Of The Nfl Franchise Tag Functioning As A Non-Compete Clause, David B. Borsack
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Design Patent Bar: An Occupational Licensing Failure,
2019
Benjamin N. Cardozo School of Law
The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis
Cardozo Arts & Entertainment Law Journal
Although any attorney can represent clients with complex property, tax, or administrative issues, only a certain class of attorneys can assist with obtaining and challenging patents before the United States Patent & Trademark Office (PTO). Only those who are members of the PTO's patent bar can prosecute patents, and eligibility for the patent bar is only available to people with substantial scientific or engineering credentials. However much sense the eligibility rules make for utility patents-those based on novel scientific or technical inventions-they are completely irrational when applied to design patents-those based on ornamental or aesthetic industrial design. Nevertheless, the PTO …
