“Ooh It Makes Me Wonder”: Do The Courts Finally Understand The Problems With Copyright Infringement And Pop Music?,
2021
Seattle University School of Law
“Ooh It Makes Me Wonder”: Do The Courts Finally Understand The Problems With Copyright Infringement And Pop Music?, Kate Camarata
Seattle University Law Review
The interaction between music and law is unique to copyright litigation. Music is “commonly regarded as a rule-free zone,” whereas the law is structured and, in essence, the “origin for rules.” This Note explores the inherent weaknesses with the substantial similarity test for copyright infringement as it relates to popular music through the lens of the recent Ninth Circuit case, Skidmore v. Led Zeppelin.
Part I of this Note reviews the history and purpose of copyright protection as well as explains the current tests utilized by courts in copyright infringement cases. Additionally, it will also show the difficulties of …
Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs,
2021
American University Washington College of Law
Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray
Catholic University Journal of Law and Technology
The music business is no stranger to disruptive technology. The industry’s apparent comeback from the devastating downturn caused by illegal file sharing seems to have arrived just in time for what may be an even more disruptive technological phenomenon: artificial intelligence (“AI”). Much has been said about the implications of AI-generated music, ranging from issues of ownership, to rights of publicity. However, there has been surprisingly little discussion of infringement in the AI systems’ outputs. By examining the functionality of AI music generators through the lens of de minimis use case law, this paper will explain how the outputs of …
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable,
2021
Catholic University of America (Student)
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
Catholic University Journal of Law and Technology
This article analyzes how the FTC’s Endorsement Guide regulating the advertising of e-cigarette products should be applied to social media influencers. The struggle to regulate e-cigarettes by the FDA and the FTC has led to different advertising methods, which either comply with or neglect the FTC’s Endorsement Guide. This article evaluates the federal government’s reaction to the e-cigarette health crisis, followed by a review of the FTC’s previous actions addressing Endorsement Guide violations, along with the consequences on other companies’ marketing strategies. Finally, this article reviews influencer liability standards for Endorsement Guide violations and develops recommendations to improve those standards.
Masthead,
2021
The Catholic University of America, Columbus School of Law
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,
2021
Charles Koch Institute
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.
Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift,
2021
Berkeley Law & Technology Group, LLP
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 …
Table Of Contents,
2021
The Catholic University of America, Columbus School of Law
Table Of Contents, Editor-In- Chief
Catholic University Journal of Law and Technology
No abstract provided.
From Banned Books To Mail Censorship, Free Speech All But Ends At The Prison Doors,
2021
Mitchell Hamline School of Law
From Banned Books To Mail Censorship, Free Speech All But Ends At The Prison Doors, Meghan Holden
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Microaggressions, Questionable Science, And Free Speech,
2021
University of Missouri - Kansas City, School of Law
Microaggressions, Questionable Science, And Free Speech, Edward Cantu, Lee Jussim
Faculty Works
The topic of microaggressions is hot currently. Diversity administrators regularly propagate lists of alleged microaggressions and express confidence that listed items reflect what some psychologists claim they do: racism that is, at the very least, unconscious in the mind of the speaker. Legal academics are increasingly leveraging microaggression research in theorizing law and proposing legal change. But how scientifically legitimate are claims by some psychologists about what acts constitute microaggressions? The authors—one a law professor, the other a psychologist—argue that the answer is “not much.” In this article, the authors dissect the studies, and critique the claims, of microaggression researchers. …
Foreword,
2021
Seattle University School of Law
The Deans' Roundtable,
2021
Seattle University School of Law
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
Seattle University Law Review
The Deans' Roundtable.
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow,
2021
Loyola University Chicago, School of Law
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
Indiana Law Journal
In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.
In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both …
Transparency And The First,
2021
University of Florida Levin College of Law
Transparency And The First, Mark Fenster
UF Law Faculty Publications
In his book The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, and Donald Trump, Stanley Fish neatly reverses the polarity of rights-based claims that the public enjoys, under the First Amendment’s free speech and press rights, a right to government information. Transparency and free speech ideals are indeed related, he concedes, because they share a political vision and conceptual grounding in the notion that robust conceptions of free speech carry a commitment to increase the flow of information. But this is not a good thing, Fish argues—rather, the relationship between the two merely …
Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?,
2021
University of Florida Levin College of Law
Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?, Clay Calvert
UF Law Faculty Publications
This Article examines the United States Supreme Court’s practice in First Amendment cases of not resolving the precise level of scrutiny that applies to measure a statute’s validity. Rather than opting for one of two tiers of scrutiny — one more rigorous than the other—the Court sometimes dodges the issue. It does this by concluding that a statute would not pass muster under the more lenient standard, thereby rendering it unnecessary to decide which test was, in fact, more appropriate. The Court thus adopts an “assuming-without-deciding” logic in such cases, simply supposing the lesser standard applies without definitively holding as …
Esica: Securing—Not Compelling—Speech On The “Vast Democratic Forums” Of The Internet,
2021
Candidate for Juris Doctor, Roger Williams University School of Law, 2021
Esica: Securing—Not Compelling—Speech On The “Vast Democratic Forums” Of The Internet, Philip Primeau
Roger Williams University Law Review
No abstract provided.
In Search Of An Established Church,
2021
University of Oxford
In Search Of An Established Church, Teresa M. Bejan
Roger Williams University Law Review
No abstract provided.
The Legal Ramifications Of Christian Nationalism,
2021
Willamette University
The Legal Ramifications Of Christian Nationalism, Steven K. Green
Roger Williams University Law Review
No abstract provided.
Curing The First Amendment Scrutiny Muddle Through A Breyer-Based Blend Up? Toward A Less Categorical, More Values-Oriented Approach For Selecting Standards Of Judicial Review,
2021
University of Florida Levin College of Law
Curing The First Amendment Scrutiny Muddle Through A Breyer-Based Blend Up? Toward A Less Categorical, More Values-Oriented Approach For Selecting Standards Of Judicial Review, Clay Calvert
UF Law Faculty Publications
This Article argues that the United States Supreme Court should significantly alter its current categorical approach for discerning standards of judicial review in free-speech cases. The present system should become nondeterminative and be augmented with a modified version of Justice Stephen Breyer’s long-preferred proportionality framework. Specifically, the Article’s proposed tack fuses facets of today’s policy, which largely pivots on distinguishing content-based laws from content-neutral laws and letting that categorization determine scrutiny, with a more nuanced, values-and-interests methodology. A values-and-interests formula would allow the Court to climb up or down the traditional ladder of scrutiny rungs – strict, intermediate or rational …
First Amendment Freedoms Diluted: The Impact Of Disclosure Requirements On Nonprofit Charities,
2021
Indiana University Maurer School of Law
First Amendment Freedoms Diluted: The Impact Of Disclosure Requirements On Nonprofit Charities, Bailie Mittman
Indiana Law Journal
Since the birth of the Bill of Rights in 1791, the freedoms protected by the First Amendment have been cherished by all members of this nation. The First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” Over time, courts have acknowledged that the freedom to speak freely means very little if the guarantee is not protected by an additional right: the freedom to associate. Thus, the freedom of expressive association stands as an essential component of an individual’s free speech rights and state infringement on associative rights has the power of potentially …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
