Is Trade Secret Law Applicable And Practical In Sec Coaching? A Look Into Kirby Smart And Nick Saban,
2025
University of Georgia School of Law
Is Trade Secret Law Applicable And Practical In Sec Coaching? A Look Into Kirby Smart And Nick Saban, Dante Pellegrino
Georgia Journal of Law & Technology
Trade Secret Laws are vital in the corporate world to protect and encourage corporations to innovate without fear of others profiting from their effort. Is this applicable in other areas as well? This note analyzes the applicability and practicality of Trade Secret Law in College Football coaching through the lens of Kirby Smart, Head Coach at the University of Georgia, and Former University of Alabama Head Coach Nick Saban’s previous professional relationship. Coach Kirby Smart worked under Coach Saban for eleven years. After this, Kirby Smart succeeded as the Head Coach at the University of Georgia. The success and organization …
The Art That Makes The Ai Artist: Ai’S Potential As A Copyright Infringer And Its Future Under A Licensing Requirement,
2025
University of Georgia School of Law
The Art That Makes The Ai Artist: Ai’S Potential As A Copyright Infringer And Its Future Under A Licensing Requirement, Bailee Jetton
Georgia Journal of Law & Technology
The practices and advancements in the generative AI training process have sent many authors and artists in the creative industry into a panic. In addition to demonstrating output that can rival human-made works, many AI companies rely on copying hundreds of thousands of copyrighted works to teach their AI models. This raises the question of whether AI companies are infringing or if they are permitted to use the work for training purposes under the fair use doctrine. Through current precedent within copyright law and the fair use defense, this note analyzes whether generative AI’s use of copyrighted materials will be …
A New Curveball: An Analysis Of The Current Nil Battle That Is Destabilizing The Landscape Of College Athletics,
2025
University of Georgia School of Law
A New Curveball: An Analysis Of The Current Nil Battle That Is Destabilizing The Landscape Of College Athletics, Sierra Hamilton
Georgia Journal of Law & Technology
On June 21, 2023, the Supreme Court unanimously ruled that the NCAA was in violation of antitrust law and found unlawful the organization’s restrictions on education-related benefits schools could offer student-athletes. This ruling marked the official beginning of the Name, Image, and Likeness (NIL) boom throughout college athletics. Presently, the NCAA has failed to develop uniform regulations that conform to the standards set by the Supreme Court and appease the nationwide educational institutions. As a result, states have drafted various bills and laws to regulate NIL contracts throughout their jurisdiction. Foreseeably, this has created an air of uncertainty around NIL …
The Secret Service Industry: Reimagining Trade Secret Protections To Curb Exploitation In The Hospitality Industry,
2025
University of Georgia School of Law
The Secret Service Industry: Reimagining Trade Secret Protections To Curb Exploitation In The Hospitality Industry, Caleb Graham
Georgia Journal of Law & Technology
This paper observes and analyzes the current discussion around the exuberant use of non-compete clauses in the business world by placing a focus on the hospitality industry and why, in an time where we are witnessing the demonization of non-competes it might be prudent to revisit and enhance trade secret laws to make them better equipped to handle the caseload that would inevitably come should non-competes be banned by the FTC. While the near-ban or complete ban of non-competes would certainly affect other industry fields and bodies of law, the hospitality industry is one that has been particularly scrutinized as …
Bootlegging For The Better: Livestreams And The Music Industry,
2025
University of Georgia School of Law
Bootlegging For The Better: Livestreams And The Music Industry, Delta Pennington
Georgia Journal of Law & Technology
As online presence has continued to become a more important aspect of everyday, it has become a norm in American Culture to share every aspect of life, including concert attendance. While artists expressed distaste in the past for recording at concerts, there has been a shift by musicians to acceptance of recording at concerts, sometimes being an important form of cheap promotion. Artists that do continue to express distaste for concerts being shared on social media have turned to non-legal remedies to solve their problem. Although there is a remedy available to artists for the livestreaming of concerts through the …
The Fringe Musician, The 360 Deal, And A New Look At Copyright And Competition In Music,
2025
University of Georgia School of Law
The Fringe Musician, The 360 Deal, And A New Look At Copyright And Competition In Music, Michael L. Menna
Georgia Journal of Law & Technology
This article is guided by two questions: (1) How well does the law actually protect musicians from market exploitation? (2) What new perspectives and legal strategies can better secure their bargaining power and financial wellbeing? Copyright and antitrust are not mutually exclusive in music or in any other industry, yet there are important lessons to be learned from comparing how the musician’s prominence in each doctrine does and doesn’t correlate to what its laws can really do for different members of that creator class. Stakeholders frequently cast copyright as an essential necessity for “everyone in the music industry,” but this …
Art Wants To Be Free,
2025
University of Kentucky College of Law
Art Wants To Be Free, Brian L. Frye
Georgia Journal of Law & Technology
What is fair use? In Warhol v. Goldsmith, the Supreme Court held that licensing a painting based on a photograph wasn’t a transformative fair use, because the painting competed with the photograph in the market for images of the same person. This article tells the story of Warhol v. Goldsmith, analyzes the opinion, and explains how it changed copyright doctrine. It also presents a theory of how appropriation artists can use the public domain to insulate themselves from liability for copyright infringement.
Cardozo Aelj’S Spring 2025 Symposium Delves Into The Implications Of Artificial Intelligence On Copyright Law And Publicity Rights,
2025
Yeshiva University, Cardozo School of Law
Cardozo Aelj’S Spring 2025 Symposium Delves Into The Implications Of Artificial Intelligence On Copyright Law And Publicity Rights, Cardozo Art & Entertainment Law Journal
Cardozo Arts & Entertainment Law Journal (AELJ) Blog
The Cardozo Arts and Entertainment Law Journal is pleased to present the 2025 Arts and Entertainment Law Journal Symposium: Fake It Till You Make It?: Striking the Right Balance Between Innovation, Publicity Rights, and Copyright. This event will bring together leading scholars and industry experts to explore the legal challenges posted by AI-generated voices, deepfake performances, and digital replicas.
Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts,
2025
UC Law SF
Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong
UC Law SF Communications and Entertainment Journal
Nearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms …
From Murphy To The Seminole Compact: California’S Pathways To Sports Betting Legalization Without A Constitutional Amendment,
2025
UC Law SF
From Murphy To The Seminole Compact: California’S Pathways To Sports Betting Legalization Without A Constitutional Amendment, Makenalani “Roo” Cash
UC Law SF Communications and Entertainment Journal
No abstract provided.
Masthead,
2025
UC Law SF
Replicating Reality: Is Trademark Use In The Metaverse Commercial Or Expressive?,
2025
UC Law SF
Replicating Reality: Is Trademark Use In The Metaverse Commercial Or Expressive?, Vito Quaglia
UC Law SF Communications and Entertainment Journal
This Note will examine how trademark law should be applied to emerging digital spaces known as metaverses, which can function as both new-age video games and digital marketplaces. The Note will first explain the concept of the metaverse. Next, it will lay out the current landscape of trademark law as it is applied to marks in artistic works, including First Amendment protections for artistic relevance. Then, the Note will illustrate trademark infringement lawsuits dealing with fashion and digital media. Following that, this Note will detail how trademark law is applied to video games, especially in cases involving artistic expression. The …
Generative Al's Illusory Case For Fair Use,
2025
Yale Law School
Generative Al's Illusory Case For Fair Use, Jacqueline C. Charlesworth
Vanderbilt Journal of Entertainment & Technology Law
Pointing to Authors Guild, Inc. v. Google Inc., Authors Guild, Inc. v. HathiTrust, Sega Enterprises Ltd. v. Accolade, Inc. and other leading technology-driven fair use precedents, artificial intelligence (AI) companies and those who advocate for their interests claim that mass unauthorized reproduction of books, music, photographs, visual art, news articles, and other copyrighted works to train generative AI systems is a fair use of those works. Though acknowledging that works are copied without permission for the training process, the proponents of fair use maintain that an AI machine learns only uncopyrightable information about the works during that process. Once trained, …
Preserving Pixels: The Dmca And The Quest To Preserve Video Gaming’S Legacy,
2025
Washington and Lee University School of Law
Preserving Pixels: The Dmca And The Quest To Preserve Video Gaming’S Legacy, Samantha Ennis
Washington and Lee Law Review
Video games have fundamentally transformed how humans learn, play, and connect, becoming essential cultural artifacts that warrant careful preservation for present and future study. Yet, video game preservation has emerged as a critical challenge for cultural institutions as the medium rapidly evolves and early works become inaccessible due to technological obsolescence and legal barriers. Without immediate action to address the limitations of current Digital Millennium Copyright Act (“DMCA”) exemptions for video game preservation, libraries, archives, and museums risk permanently losing access to historically significant games, with studies showing 87% of pre-2010 video games are already inaccessible. Congress should amend the …
Bibliography For "Literary Copyright Display",
2025
Chapman University
Bibliography For "Literary Copyright Display", Arianna Tillman, Isabella Piechota, Annikah Carpio
Library Displays and Bibliographies
A bibliography created to support a display about literary copyright in April 2025 at the Leatherby Libraries at Chapman University.
Design Patent Infringement As Unfair Competition,
2025
Indiana University School of Law
Design Patent Infringement As Unfair Competition, Mark D. Janis
William & Mary Law Review
The rule for determining design patent infringement requires an assessment of substantial similarity through the eyes of an ordinary observer—similarity sufficient to induce the observer to purchase the infringing design supposing it to be the patented design. That test, which originates in the Supreme Court’s 1871 Gorham Manufacturing Co. v. White decision, is an anomaly. It is a patent infringement test framed in language that would be more at home in a trademark infringement or unfair competition case. Yet the Federal Circuit has insisted that design patent infringement is unlike trademark infringement or unfair competition, dismissing any kinship as superficial. …
Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law,
2025
Texas A&M University School of Law
Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu
Faculty Scholarship
Most literature at the intersection of copyright and AI has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country's economic and technological future.
This article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentive-based. The article then discusses a third line of arguments—harmonization-based arguments—and identifies select instances …
The “Blurred Lines” Between Copyright Law And Its Role In The Music Industry,
2025
University of South Carolina - Columbia
The “Blurred Lines” Between Copyright Law And Its Role In The Music Industry, Caroline Mcdonald
Senior Theses
This thesis examines the dynamic relationship between copyright law and the music industry by analyzing three landmark cases: Bright Tunes Music Corp. v. Harrisongs Music, Ltd., Williams v. Gaye, and Skidmore v. Zeppelin. Through these case studies, the paper explores how courts assess copyright infringement using the tests of extrinsic and intrinsic similarity, as well as identifies the weight of expert testimony in court, and the role of legal tools such as the inverse-ratio rule. Each case illustrates different implications for artists: from the threat of subconscious plagiarism to the controversial expansion of protectable musical elements, and finally, a shift …
Drowning In The Patent Pool: Is Statutory Invention Registration A Lifeguard?,
2025
Chicago-Kent College of Law
Drowning In The Patent Pool: Is Statutory Invention Registration A Lifeguard?, Henry H. Perritt Jr.
West Virginia Law Review
Patents for inventions, available since the first Congress enacted the Patent Law of 1790, have been controversial. Defenders justify patents on the grounds that they are necessary to protect inventors from free riding—copying that would deprive the inventors of an opportunity to recover the costs of development. Detractors attack patents as unnecessary monopolies, thwarting innovation. The debate continues, even as the law itself has remained remarkably constant. Technology and industry structure have not remained constant, however. Patents have proliferated, resulting in patent thickets that make it impossible to create and market any innovative product without infringing hundreds of patents. Patent …
Infringing Information Architectures,
2025
New York Law School
Infringing Information Architectures, Michael Goodyear
Articles & Chapters
Information architectures—systems that facilitate storing and sharing data and content—underpin daily life, from streaming sites like Netflix and Hulu to social media platforms like Instagram and TikTok. Since the printing press, these systems and their novel features have challenged the bounds of copyright law, leading to accusations that providers and users directly infringe others’ copyrights. Almost fifty years ago, however, a largely unexplored paradigm shift occurred. Copyright owners started to allege that information architecture providers should be broadly secondarily liable for all their users’ infringements. These claims, which this Article terms architectural infringement claims, pose an acute challenge to the …
