Intellectual Property Law Commons^™

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Copyright Alternative In Small-Claims Enforcement (‘‘Case’’) Act Regulations, U.S. Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

SUMMARY: The U.S. Copyright Office is issuing a notification of inquiry regarding its implementation of the Copyright Alternative in Small-Claims Enforcement (‘‘CASE’’) Act. The CASE Act establishes the Copyright Claims Board (‘‘CCB’’), an alternative forum in which parties may voluntarily seek to resolve certain copyright infringement and other claims. The Office must establish regulations to govern the CCB and its procedures, including rules addressing service of notice and other documents, waiver of personal service, notifications that parties are opting out of participating in the forum, discovery, a mechanism for certain claims to be resolved by a single CCB Officer, review …

Dataset Search In Biodiversity Research: Do Metadata In Data Repositories Reflect Scholarly Information Needs?, Felicitas Löffler, Valentin Wesp, Brigitta König-Ries, Friederike Klan

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

The increasing amount of publicly available research data provides the opportunity to link and integrate data in order to create and prove novel hypotheses, to repeat experiments or to compare recent data to data collected at a different time or place. However, recent studies have shown that retrieving relevant data for data reuse is a time-consuming task in daily research practice. In this study, we explore what hampers dataset retrieval in biodiversity research, a field that produces a large amount of heterogeneous data. In particular, we focus on scholarly search interests and metadata, the primary source of data in …

Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng

Pepperdine Law Review

In 2013 and 2015, the Ninth Circuit decided two nearly identical cases in which professional football players alleged a video game publisher used their likenesses without authorization in a game that simulates real football games. One plaintiff brought a false endorsement claim under the Lanham Act, while others brought state law right of publicity claims. That made all the difference. The Ninth Circuit found the First Amendment protected the game against the false endorsement claim, but not against the right of publicity claims. These contradictory results stem from court’s application of the Rogers v. Grimaldi test to Lanham Act claims …

Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes

Washington Journal of Law, Technology & Arts

Loot boxes are items in video games that contain randomized prizes that players can purchase with real-world money. In recent years, loot boxes have come under scrutiny because the relationship between behavior and the underlying mechanics of loot boxes are similar to that of addictive behaviors associated with real-world gambling. Many papers suggest solutions focused on industry changes without direct regulation. However, these papers neglect the enormous profit incentive to maintain a business practice which can have detrimental behavioral effects on children. The United States federal government must take example from a growing number of European countries and ban the …

Table Of Contents, Ashley Stoll

Washington Journal of Law, Technology & Arts

No abstract provided.

Digital Contract Tracing In The Workplace, Alexandra Kiosse

Washington Journal of Law, Technology & Arts

The COVID-19 pandemic has affected the way businesses run and operate in the United States. With the dire need to keep employees safe, digital contact tracing has become the most efficient mechanism for controlling the spread of the virus within places of employment. However, information privacy laws come into tension with the use of employee health data by employers and third parties. This Article proposes a careful balance between contact tracing and maintaining employees’ privacy as they share health and proximity data with digital contact tracing applications in the workplace.

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.

Can There Be Too Much Specialization? Specialization In Specialized Courts, Melissa F. Wasserman, Jonathan D. Slack

Northwestern University Law Review

While modern society has embraced specialization, the federal judiciary continues to prize the generalist jurist. This disconnect is at the core of the growing debate on the optimal level of specialization in the judiciary. To date, this discussion has largely revolved around the creation of specialized courts. Opinion specialization, however, provides an alternative, underappreciated method to infuse specialization into the judiciary. In contrast to specialized courts, opinion specialization is understudied and undertheorized.

This Article makes two contributions to the literature. First, this Article theorizes whether opinion specialization is a desirable practice. It argues that the practice’s costs and benefits are …

The Legality Of Free And Open Source Software Licences: The Case Of Jacobsen V. Katzer, Brian Fitzgerald, Rami Olwan

UAEU Law Journal

In August 2008 one of, if not the most, influential Intellectual Property courts in the USA known as the Court of Appeals for Federal Circuit upheld the validity of a free and open source software license known as the Artistic License. This case is significant because up until this point there has been little judicial discussion on the legal operation of this new type of copyright licensing that is sweeping the world fuelled by the ubiquity of the Internet.

The decision in Robert Jacobsen v. Matthew Katzer and Kamind Associates, Inc. 2008 U.S. App. LEXIS 17161 (Fed. Cir. 2008) issued …

Prospects Of Recognizing Utilization Rights Of Copyrighted Works In Jordanian Law A Comparative Study, Samer Mahmoud Al-Dalalaa

UAEU Law Journal

The utilization right of the copyright law raises the ire of those perusing copyright and adjacent laws whereby one finds the latter to be entirely far off from being practically applied within some groups of internal judicial systems. This is inspite of the fact that regulatory legislations of the protection of the authors’ and adjacent rights place great importance on this right; this also applies to the practical enforcement of the legislation on protecting the rights of the Jordanian authors. Consequently, the feasibility of sanctioning this law becomes questionable when it does not become practically applicable, or when it does …

Settlement Of Intellectual Property Rights Disputes, Kameran Hossen Al-Salihi

UAEU Law Journal

This research deals with the settlement of intellectual property disputes as set out in various international conventions such as the Convention of Paris, 1883 and the TRIPS agreement in Marrakesh, 1994. The research also deals with the development in intellectual property rights in international regulations particularly with respect to the World International Property Organization (WIPO) and the Convention of TRIPS. In addition, this paper outlines the rules and a procedure for the settlement of intellectual property disputes in the WTO in detail as well as explains the structure of this organization and the most important tasks carried out by it. …

Federal Investigation Agency Against The Crime Of Book Piracy In Pakistan, Ghalib Khan Dr., Sobia Bashir, Faisal Shahzad, Saeed Ullah Jan Dr

Library Philosophy and Practice (e-journal)

The Federal Investigation Agency (FIA) is a counter-intelligence, criminal investigation and security agency of the Islamic Republic of Pakistan which was established in 1975. The Economic Crime Wing (ECW) of the FIA has the mandate to protect the Intellectual Property Rights (IPR) of the people of Pakistan. The main objective of this study is to investigate the role of FIA against the crime of book piracy in Pakistan. To achieve this objective, data was collected from the annual administration reports of FIA. The study found that FIA has been playing a vital role against the crime of book piracy …

The Legal System Of The Photograph The Rights And Legal Protections: A Comparative Study On General Rules And Rules For The Protection Of Intellectual Property Rights., Alaa Khasawneh, Bashar Talal Al Momani

UAEU Law Journal

This study aimed at displaying the legal system concerning a photograph which actually knows an increasing development because of the scientific and technological development, and sophisticated techniques currently being used. This study comes as an attempt to find legal means or adequate legislations to provide the necessary protection of the human right in privacy, and the right of the picture’s owner or the photographer rights regarding the photograph that was taken. The researchers found that the Arab legislators are different from the French legislators; it was necessary to wait until the person is abused in her/his image before she/he undertakes …

The Right Of Copying Of Protected Works For Personal Use; The Fact And The Law: A Comparative Study., Samer Mahmoud Al-Dalalaa

UAEU Law Journal

As the copyright legislations have been adopting Exceptions on the Financial Rights of copyright holders and related rights as a cornerstone of the cultural development in order to enable the public to exploit these works, especially when it becomes difficult to get these works in a traditional way, the misunderstanding of the personal copy for the most of the copyright corporation researchers created a gap between the reality of this copy and its justifications on one side, and the different practicing which might be justified by different means on the other side. Basically the legislation should be the mechanism which …

Artificial Intelligence And Moral Rights, Martin Miernicki, Irene (Huang Ying) Ng

Centre for AI & Data Governance (2019-2025)

Whether copyrights should exist in content generated by an artificial intelligence is a frequently discussed issue in the legal literature. Most of the discussion focuses on economic rights, whereas the relationship of artificial intelligence and moral rights remains relatively obscure. However, as moral rights traditionally aim at protecting the author’s “personal sphere”, the question whether the law should recognize such protection in the content produced by machines is pressing; this is especially true considering that artificial intelligence is continuously further developed and increasingly hard to comprehend for human beings. This paper first provides the background on the protection of moral …

Platform Liability Under Article 17 Of The Copyright In The Digital Single Market Directive, Automated Filtering And Fundamental Rights: An Impossible Match, Christophe Geiger, Bernd Justin Jütte

Joint PIJIP/TLS Research Paper Series

The Directive on Copyright in the Digital Single Market (CDSM Directive) introduced a change of paradigm with regard to the liability of some platforms in the European Union. Under the safe harbour rules of the Directive on electronic commerce (E-Commerce Directive), intermediaries in the EU were shielded from liability for acts of their users committed through their services, provided they had no knowledge of it. Although platform operators could be required to help enforce copyright infringements online by taking down infringing content, the E-commerce Directive also drew a very clear line that intermediaries could not be obliged to monitor all …

Ericsson Inc., And Telefonaktiebolaget Lm Ericsson V. Samsung Elecs. Co, Ltd., Samsung Elecs. America, Jorge L. Contreras, Ann Bartow, Michael A. Carrier, Crista Laser, Joshua D. Sarnoff, Peter K. Yu

Utah Law Faculty Scholarship

Unopposed Motion for Leave to File Brief of International Intellectual Property Law Professors as Amici Curiae in Support of Neither Party

The Internet Archive’S National Emergency Library: Is There An Emergency Fair Use Superpower?, Aaron Schwabach

Northwestern Journal of Technology and Intellectual Property

On March 24, 2020, the Internet Archive announced that it would create a National Emergency Library offering no-waitlist borrowing of all of the books in its collection. In effect, this allowed unlimited, if temporary, downloads of copyrighted works. The National Emergency Library was presented as a response to the current national and global public health crisis; however, nothing in either the Copyright Act, 17 U.S.C. § 108 or the aspirational documents of ControlledDigitalLending.org provides a legal basis for a library to lend out more copies of a work at one time than it actually owns. Nor does the case law …

You Belong With Me: Recording Artists’ Fight For Ownership Of Their Masters, Ann Herman

Northwestern Journal of Technology and Intellectual Property

Copyright law, governed by the Copyright Act, is based on utilitarian theory, which balances artists’ interests in ownership of theircreations with the public’s interest in accessing and enjoying such creations. Copyright law provides for rights for creators of sound recordings, which include master rights—the recording artist’s copyright in the recording. Taylor Swift has brought the concept of master rights into the forefront of pop culture. In June 2019, Swift’s masters—the original sound recordings of her songs—were sold, and she publicly aired her dissatisfaction with the sale, as well as with overall premise that artists do not have a complete right …