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Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman 2022 Fordham Law School

Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman

Fordham Intellectual Property, Media and Entertainment Law Journal

The global COVID-19 crisis has turned public attention to the special need for accessing those cutting-edge studies that are needed for further scientific innovation. Theses and dissertations (TDs) are prominent examples of such studies. TDs are academic research projects conducted by graduate students to acquire a high academic degree, such as a PhD. They encompass not only knowledge about basic science but also knowledge that generates social and economic value for society. Therefore, access to TDs is imperative for promoting science and innovation.

Open access to scientific publications has been in the focus of public policy discourse for two decades, …


Are Cryptopunks Copyrightable?, Brian L. Frye 2022 University of Kentucky

Are Cryptopunks Copyrightable?, Brian L. Frye

Law Faculty Scholarly Articles

Larva Labs’s CryptoPunks NFTs are iconic. Created in 2017, they were among the first NFTs on the Ethereum blockchain. Four years later, they are among the most valuable, selling for anywhere from $200,000 to millions of dollars.

The CryptoPunks collection consists of 10,000 NFTs, each of which is associated with a unique CryptoPunks image. Everyone knows who owns each CryptoPunks NFT. The Ethereum blockchain provides indelible proof. But people disagree about who owns - and who should own - the copyright in the CryptoPunks images. Most CryptoPunks NFT owners believe they should own the copyright in the image associated with …


20 Years Of Trade Secrets Scholarship (2002-2022), Sharon Sandeen 2022 Mitchell Hamline School of Law

20 Years Of Trade Secrets Scholarship (2002-2022), Sharon Sandeen

Faculty Scholarship

No abstract provided.


The Impact Of Uncertainty Regarding Patent Eligible Subject Matter For Investment In U.S. Medical Diagnostic Technologies, A. Sasha Hoyt 2022 Washington and Lee University School of Law

The Impact Of Uncertainty Regarding Patent Eligible Subject Matter For Investment In U.S. Medical Diagnostic Technologies, A. Sasha Hoyt

Washington and Lee Law Review

Historically, 35 U.S.C. § 101, the statute governing patent eligible subject matter, has been construed broadly—with its legislative history indicating that it should cover “anything under the sun that is made by man.” The Supreme Court crafted three exceptions to § 101: (1) abstract ideas, (2) laws of nature, and (3) natural phenomena. In recent years, the Supreme Court’s eligibility jurisprudence has further narrowed § 101 to effectively exclude meritorious medical diagnostic methods. Indeed, since the Court’s decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Federal Circuit has held every single diagnostic method claim brought before it …


Copyright Ownership Of Movies And Films In Canada: Who's On First?, David Vaver 2022 Osgoode Hall Law School of York University

Copyright Ownership Of Movies And Films In Canada: Who's On First?, David Vaver

Editorials and Commentaries

No abstract provided.


“Inducing” Copyright Infringement In Canada: Is It A Thing?, David Vaver 2022 Osgoode Hall Law School of York University

“Inducing” Copyright Infringement In Canada: Is It A Thing?, David Vaver

Editorials and Commentaries

Is there such a thing as “inducing” copyright infringement? There isn’t in the United Kingdom, but the Federal Court in Bell Canada v L3D Distributing Inc (INL3D) 2021 FC 832 (“L3D Distributing”) thought there was in Canada and the defendants had done it. Indeed, the court thought that inducing infringement, which to date had been considered wrong only in respect of patents, applied to all forms of intellectual property (“IP”).


A La Recherche De Breyer Perdu, 21 Uic Rev. Intell. Prop. L. 38 (2022), Shubha Ghosh 2022 UIC School of Law

A La Recherche De Breyer Perdu, 21 Uic Rev. Intell. Prop. L. 38 (2022), Shubha Ghosh

UIC Review of Intellectual Property Law

No abstract provided.


Judicial Errors: Fake Imaging And The Modern Law Of Evidence, 21 Uic Rev. Intell. Prop. L. 82 (2022), Guy Alon, Azmi Haider, Hagit Hel-Or 2022 UIC School of Law

Judicial Errors: Fake Imaging And The Modern Law Of Evidence, 21 Uic Rev. Intell. Prop. L. 82 (2022), Guy Alon, Azmi Haider, Hagit Hel-Or

UIC Review of Intellectual Property Law

No abstract provided.


Coloring Inside The Lines: A Look At Qualitex V. Jacobson, 21 Uic Rev. Intell. Prop. L. 49 (2022), Willajeanne McLean 2022 UIC School of Law

Coloring Inside The Lines: A Look At Qualitex V. Jacobson, 21 Uic Rev. Intell. Prop. L. 49 (2022), Willajeanne Mclean

UIC Review of Intellectual Property Law

No abstract provided.


A Good Day To Be A Bad Spaniel: Broadening The Application Of The Rogers Test, 21 Uic Rev. Intell. Prop. L. 193 (2022), Mikhaila Duvall 2022 UIC School of Law

A Good Day To Be A Bad Spaniel: Broadening The Application Of The Rogers Test, 21 Uic Rev. Intell. Prop. L. 193 (2022), Mikhaila Duvall

UIC Review of Intellectual Property Law

No abstract provided.


Eviscerating Patent Scope, 21 Uic Rev. Intell. Prop. L. 121 (2022), Shahrokh Falati 2022 UIC School of Law

Eviscerating Patent Scope, 21 Uic Rev. Intell. Prop. L. 121 (2022), Shahrokh Falati

UIC Review of Intellectual Property Law

No abstract provided.


If The Metaverse Is Built, Will Copyright Challenges Come?, 21 Uic Rev. Intell. Prop. L. 215 (2022), Levan Nanobashvili 2022 UIC School of Law

If The Metaverse Is Built, Will Copyright Challenges Come?, 21 Uic Rev. Intell. Prop. L. 215 (2022), Levan Nanobashvili

UIC Review of Intellectual Property Law

No abstract provided.


Caught By The Act: Does The Copyright Act Of 1909 Pose Legal Disasters For Modern Music?, 21 Uic Rev. Intell. Prop. L. 292 (2022), Raine Odom 2022 UIC School of Law

Caught By The Act: Does The Copyright Act Of 1909 Pose Legal Disasters For Modern Music?, 21 Uic Rev. Intell. Prop. L. 292 (2022), Raine Odom

UIC Review of Intellectual Property Law

No abstract provided.


Malicious V. Negligent Loss Of Data: The Second Circuit's Questionable Test To Determine Data Breach Standing, 21 Uic Rev. Intell. Prop. L. 271 (2022), Lukasz Kornas 2022 UIC School of Law

Malicious V. Negligent Loss Of Data: The Second Circuit's Questionable Test To Determine Data Breach Standing, 21 Uic Rev. Intell. Prop. L. 271 (2022), Lukasz Kornas

UIC Review of Intellectual Property Law

No abstract provided.


Research On The Dilemma And Improvement Of The Copyright Fair Use Doctrine Related To Machine Learning In China, 22 Uic Rev. Intell. Prop. L. 1 (2022), Yang Gao, Paul Kossof, Yan Dong 2022 UIC School of Law

Research On The Dilemma And Improvement Of The Copyright Fair Use Doctrine Related To Machine Learning In China, 22 Uic Rev. Intell. Prop. L. 1 (2022), Yang Gao, Paul Kossof, Yan Dong

UIC Review of Intellectual Property Law

No abstract provided.


Unintended Repercussions: Copyright Termination And The Punitive Effect Of 17 U.S.C. §203(A)(3) On The Rights Of Creators, 22 Uic Rev. Intell. Prop. L. 23 (2022), Loren Mulraine 2022 UIC School of Law

Unintended Repercussions: Copyright Termination And The Punitive Effect Of 17 U.S.C. §203(A)(3) On The Rights Of Creators, 22 Uic Rev. Intell. Prop. L. 23 (2022), Loren Mulraine

UIC Review of Intellectual Property Law

No abstract provided.


Myths And Clichés: The Doctrinal Myopia Of Publicity Right, 22 Uic Rev. Intell. Prop. L. 50 (2022), Mira Moldawer 2022 UIC School of Law

Myths And Clichés: The Doctrinal Myopia Of Publicity Right, 22 Uic Rev. Intell. Prop. L. 50 (2022), Mira Moldawer

UIC Review of Intellectual Property Law

No abstract provided.


It's A Pirate's Life For Me: Stealing Scripts Instead Of Jewels, 22 Uic Rev. Intell. Prop. L. 112 (2022), Alexa Buechler 2022 UIC School of Law

It's A Pirate's Life For Me: Stealing Scripts Instead Of Jewels, 22 Uic Rev. Intell. Prop. L. 112 (2022), Alexa Buechler

UIC Review of Intellectual Property Law

No abstract provided.


New Media Rights' Internet & Media Law Clinic: California Western School Of Law, Art Neill 2022 California Western School of Law

New Media Rights' Internet & Media Law Clinic: California Western School Of Law, Art Neill

Faculty Scholarship

This article looks at the critical need for legal services addressing new media rights and the types of cases that benefit from the New Media Rights’ Internet & Media Law Clinic at California Western School of Law (New Media Rights) in San Diego.

This article will discuss New Media Rights in four parts: 1. Why do we have IP, arts, and technology clinics like New Media Rights? 2. What is New Media Rights, and how do we benefit the students and the community? 3. What is the structure and pedagogy of the clinic? 4. What are our hopes looking forward?


Trademark Confusion Revealed: An Empirical Analysis, Daryl Lim 2022 American University Washington College of Law

Trademark Confusion Revealed: An Empirical Analysis, Daryl Lim

American University Law Review

The likelihood of confusion standard defines the scope of trademark infringement. Likelihood of confusion examines whether there is a substantial risk that consumers will be confused as to the source, identity, sponsorship, or origin of the defendants’ goods or services. This Article presents a contemporary empirical analysis of the various factors and how they interact. Conventional wisdom teaches us that courts should comprehensively traverse each factor and that likelihood of confusion cases generally require jury determination. However, the data reveals that neither is true. Instead, courts provide early off-ramps to litigants by “economizing,” and analyzing only a handful of factors …


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