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Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson 2021 Mitchell Hamline School of Law

Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson

Cybaris®

This paper provides information that may be useful to people seeking to acquire music licenses for their places of business and is primarily focused on licensing for food and drink establishments. However, other business types that use live or recorded music in their establishments may find the information useful as well. The purpose of this paper is to provide a brief history of copyright law, and an overview of music licensing to give business owners a better understanding of copyright as it relates to public performance.


Suggested Improvements To Mandatory Mediation Scheduling During International Trade Commission (Itc) Section 337 Investigations, Jeff Nall 2021 Mitchell Hamline School of Law

Suggested Improvements To Mandatory Mediation Scheduling During International Trade Commission (Itc) Section 337 Investigations, Jeff Nall

Cybaris®

No abstract provided.


Panel 2: Distinctiveness In The Age Of The Internet, Barton Beebe, David H. Bernstein, Laura A. Heymann, Alexandra J. Roberts, Felix Wu 2021 New York University School of Law

Panel 2: Distinctiveness In The Age Of The Internet, Barton Beebe, David H. Bernstein, Laura A. Heymann, Alexandra J. Roberts, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article examines the role of consumer perception in determining whether a term is generic or distinctive for trademark purposes, emphasizing that words are context-dependent and not inherently generic or distinctive. It highlights the importance of assessing consumer understanding and use of terms in specific contexts, as well as the need for courts to consider multiple forms of evidence, including surveys, mark talk, and broader marketplace data, to make informed decisions. The analysis also touches on policy considerations, such as keeping certain features free for competition and consumer use, which may influence legal outcomes.


Data As The New Oil: A Slippery Slope Of Trade Secret Implications Greased By The California Consumer Privacy Act, Megan Marie Miller 2021 Mitchell Hamline School of Law

Data As The New Oil: A Slippery Slope Of Trade Secret Implications Greased By The California Consumer Privacy Act, Megan Marie Miller

Cybaris®

Following the European model of the General Data Protection Regulation (GDPR), the state of California implemented the California Consumer Privacy Act (CCPA) on January 1, 2020. The CCPA allows any California consumer to demand to see all of the information that a company has saved on them; consumers can also request a full list of all the third parties that their data is shared with, sold to, and for what commercial purpose. This paper reviews the implications of a new law on the disclosure of trade secrets like client lists and algorithms that manipulate consumers’ data. Ultimately, the issue comes …


Infinite Setlist: Analyzing Pioneer Dj’S Catalogue Streaming Partnerships With Beatport And Soundcloud, Nicholas Rivera 2021 Mitchell Hamline School of Law

Infinite Setlist: Analyzing Pioneer Dj’S Catalogue Streaming Partnerships With Beatport And Soundcloud, Nicholas Rivera

Cybaris®

The purpose of this paper is to examine the partnerships Rekordbox has with SoundCloud and Beatport, determine if user agreements of each platform legally allow the partnerships to occur, what the implications are of using the music streaming service for live performances at venues, what the implications are of streaming music for live streamed performances via the internet, satellite radio, and terrestrial radio, and determine which types of copyright royalties need to be paid to who and by whom.


Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green 2021 Mitchell Hamline School of Law

Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green

Cybaris®

No abstract provided.


Forcing Creativity: An Analysis Of Chinese Ip Subsidies And How They Should Be Assessed Under Existing International Trade Agreements, Taylor Stemler 2021 Mitchell Hamline School of Law

Forcing Creativity: An Analysis Of Chinese Ip Subsidies And How They Should Be Assessed Under Existing International Trade Agreements, Taylor Stemler

Cybaris®

No abstract provided.


Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins 2021 Duke Law School

Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …


Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang 2021 Fordham Law School

Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang

Fordham Intellectual Property, Media and Entertainment Law Journal

China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand …


Free Speech In The Modern Age, [email protected] 2021 Fordham Law School

Free Speech In The Modern Age, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Author And The Other: Reexamining The Doctrine Of Joint Authorship In Copyright Law, Tehila Rozencwaig-Feldman 2021 Fordham Law School

The Author And The Other: Reexamining The Doctrine Of Joint Authorship In Copyright Law, Tehila Rozencwaig-Feldman

Fordham Intellectual Property, Media and Entertainment Law Journal

Over the years, there has been an increase in the importance and prevalence of the joint authorship doctrine resulting from the internet evolution and globalization processes which allow quick sharing of content and information among various creators from around the world. The collaborations that increased and intensified during the COVID-19 pandemic occurred across a wide variety of creative areas. Today, many types of works such as songs, movies, software, and computer games are created regularly through joint authorship. However, current copyright law regimes relate to this complex and fascinating phenomenon in a limited way, leading to courts’ inconsistent interpretation of …


Targeting Exceptions, Michal Lavi 2021 Fordham Law School

Targeting Exceptions, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

On May 26, 2020, the forty-fifth President of the United States, Donald Trump, tweeted: “There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent. Mail boxes will be robbed, ballots will be forged & even illegally printed out & fraudulently signed.” Later that same day, Twitter appended an addendum to the President’s tweets so viewers could “get the facts” about California’s mail-in ballot plans and provided a link. In contrast, Facebook’s CEO Mark Zuckerberg refused to take ac- tion on President Trump’s posts. Only when it came to Trump’s support of the Capitol riot did …


Bringing Clout To The Masses: An In-Depth Look At The “Legal Fake” Phenomenon, Nicole Kim 2021 Fordham Law School

Bringing Clout To The Masses: An In-Depth Look At The “Legal Fake” Phenomenon, Nicole Kim

Fordham Intellectual Property, Media and Entertainment Law Journal

A snaking line of customers that wraps around the block leading to a minimalist, yet iconoclastic store can only mean one thing: drop day. Rain or shine, devoted fans of brands such as Supreme, Palace, and Off-White, among others, are willing to spend their time and money for the opportunity to cop the latest and most exclusive items. In recent years, the rise of streetwear has projected once-underground skater labels to the forefront of youth culture, mainstream society, and high fashion. Not only has this movement affected niche designers and traditional luxury names, but streetwear has also reshaped the consumer …


Puff Puff? I'Ll Pass: Protecting The Recreational Cannabis Market From Counterfeit Products Under False Advertising Law, Wynetta D. McIntosh 2021 Marquette University Law School

Puff Puff? I'Ll Pass: Protecting The Recreational Cannabis Market From Counterfeit Products Under False Advertising Law, Wynetta D. Mcintosh

Marquette Intellectual Property & Innovation Law Review

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Weighing The Patent Box: An Evaluation Of The Ex Post Tax Incentive Of A Lower Tax Regime For Products That Incorporate Patents, Kyle Beczkiewicz 2021 Marquette University Law School

Weighing The Patent Box: An Evaluation Of The Ex Post Tax Incentive Of A Lower Tax Regime For Products That Incorporate Patents, Kyle Beczkiewicz

Marquette Intellectual Property & Innovation Law Review

None


Innovoting: How Democracy Is Being Reshaped By Women's Innovative Voting Activism & Candidacy, Andrea Schneider, Kali Murray, Amber Wichowsky, Christina Wolbrecht, Mary Kelley, Kara Swanson 2021 Cardozo School of Law

Innovoting: How Democracy Is Being Reshaped By Women's Innovative Voting Activism & Candidacy, Andrea Schneider, Kali Murray, Amber Wichowsky, Christina Wolbrecht, Mary Kelley, Kara Swanson

Marquette Intellectual Property & Innovation Law Review

None


The Origins And Unforeseen Implications Of The Architectural Works Copyright Protection Act And Recent Developments In Its Interpretation And Implementation, Robert Greenstreet 2021 Marquette University Law School

The Origins And Unforeseen Implications Of The Architectural Works Copyright Protection Act And Recent Developments In Its Interpretation And Implementation, Robert Greenstreet

Marquette Intellectual Property & Innovation Law Review

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Patents As Public Nuisances, Keyana Payne 2021 Marquette University Law School

Patents As Public Nuisances, Keyana Payne

Marquette Intellectual Property & Innovation Law Review

None


Access Denied? Unauthorized Access After Hiq Labs V. Linkedin, Dalton Sjong 2021 Marquette University Law School

Access Denied? Unauthorized Access After Hiq Labs V. Linkedin, Dalton Sjong

Marquette Intellectual Property & Innovation Law Review

None


Krawiec V. Manly, Abigail DeMasi 2021 New York Law School

Krawiec V. Manly, Abigail Demasi

NYLS Law Review

No abstract provided.


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