Intellectual Property Law Commons^™

Humanist Copyright, Jane C. Ginsburg

Faculty Scholarship

This exploration of the role of authorship in copyright law proceeds in three parts: historical, doctrinal, and predictive. First, I will review the development of author-focused property rights in the pre-copyright regimes of printing privileges and in early Anglo-American copyright law through the 1909 U.S. Copyright Act. Second, I will analyze the extent to which the present U.S. copyright law does (and does not) honor human authorship. Finally, I will consider the potential responses of copyright law to the claims of proprietary rights in AI-generated outputs. I will explain why the humanist orientation of U.S. copyright law validates the position …

Do You Know Where Your Trademark Is? How The Fourth Circuit’S Interpretation Of The Anticybersquatting Consumer Protection Act Correctly Protects Trademark Owners Online, Alexa Blandeburgo

St. John's Law Review

(Excerpt)

This Note argues that the Fourth Circuit correctly held that “registration” encompasses both the initial and subsequent registration of a domain name under the ACPA. The Ninth Circuit’s narrow interpretation oversimplified the complexity of domain name ownership and thereby created a narrow loophole for cybersquatters to evade liability. Part I of this Note provides an overview of cybersquatting and the statutory framework that practitioners used prior to the enactment of the ACPA. Part II of this Note compares the ACPA and the UDRP and why a trademark owner would choose one avenue for relief as opposed to the other. …

Deepfakes And Shallow Laws: Regulating Distorted Narratives In The Political Cyberspace, Shimona Mohan, Sarthak Wadhwa

Indian Journal of Law and Technology

With a sizable section of the global population witnessing electoral churn, protests, and resistance movements in the past couple of years, this is clearly a watershed moment for modern democracies vis-à-vis technological advancements. Electoral canvassing in these democracies has expanded its footprint in the digital space, be it through social media or navigating the general contours of anonymity, engagement, and misinformation that govern our online worlds. In this context, the advent of deepfakes in the recent past, and the exponential evolution of the technology both for outreach and disruption, has invited acute regulatory attention and intervention. However, traditional policy design …

Tying, Self-Preferencing And The Digital Competition Bill: A Changing Landscape For Competition Intervention?, Pankhudi Khandenwal

Indian Journal of Law and Technology

The dominance of a few major entities in digital markets has led to stricter enforcement under competition law. Many jurisdictions have developed an ex-ante regulatory framework, such as the Digital Markets Act (DMA) in the EU. The need for an ex-ante regulation has also been highlighted in India, where the Committee on Digital Competition Law has issued the Draft Digital Competition Bill (“DDCB”). Some of the prohibitions included in the bill are tying, bundling, self-preferencing, restricting third-party applications, and steering. There have been opinions by various scholars on the impact of such legislation on the Indian economy, comparing the same …

Goods And Service Tax On Online Skill Gaming: A Constitutional Perspective, Eeshan Sonak, Saranya Ravindran

Indian Journal of Law and Technology

In light of the rapid growth and the consequent regulatory focus on the taxing of online gaming in India, this paper discusses the CGST (Amendment) Act, 2023 and the amendment in CGST Rules that mark a shift from a Gross Gaming Revenue model to a turnover model of taxation and impose a uniform tax on games of skill and chance. It analyses the compatibility of this shift with our GST regime, undertakes a policy analysis of its economic desirability by drawing from the experiences of other jurisdictions, and challenges its constitutionality by showing that imposing an onerous burden that could …

The Perils And Promises Of Artificial Intelligence In Criminal Sentencing, Tasnimul Hassan Md

Indian Journal of Law and Technology

The proliferation of technology has resulted in an increased reliance of individuals on technological devices. The world is progressively being automated using Artificial Intelligence (AI) systems that are implemented to achieve specific objectives. Automation is now an important part of people’s lives, and it could heavily change the criminal justice system. This article looks at the use of AI in criminal sentencing in India, arguing that AI-based sentencing can reduce sentencing disparity, either if it is subject to a human element or it is fed with ample data that no case-fact is left out. The paper argues that since AI …

Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez

University Honors Theses

This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …

Brief Of 11 Narcolepsy Patients, Public Interest Orgnizations, Medical Professionals, And Professors Of Law As Amici Curiae In Support Of Defendants-Appellees, Charles Duan

Amicus Briefs & Court Filings

Amici curiae are patients, organizations, medical professionals, and legal scholars who share a common interest in advancing the law toward better patient health and welfare. New, clinically superior drug products for treating rare diseases and conditions tremendously benefit patients and society, because those products offer choice, competition, and improved patient care. In filing this brief, amici hope to make this Court aware of the broad real-world implications of this case, both for narcolepsy patients and for the public interest generally. Generation Patient is a nonprofit organization that represents young adults with chronic and rare conditions across the United States. Created …

Brief Of 12 Narcolepsy Patients, Public Interest Organizations, Medical Professionals, And Professors Of Law And Medicine As Amici Curiae In Support Of Defendants-Appellees (Amended To Add Further Signatories), Charles Duan

Amicus Briefs & Court Filings

A prior copy of this brief was filed, inadvertently omitting one signatory. This brief has accordingly been amended to correct the error, reflected in the Certificate as to parties and the Appendix.

The Legal Reckoning Of Reality Television: Contestant Rights And Producer Responsibilities, Tyler Caffrey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Reality television has become a dominant force in modern entertainment. Behind the scenes, however, contestants face serious legal and ethical concerns. Many reality TV participants allege exploitative working conditions, misleading contracts, and inadequate compensation. Traditionally, networks classify contestants as independent contractors, exempting them from labor protections such as minimum wage and overtime pay.

Brief Of 30 Scholars Of Law, Economics, And Medicine As Amici Curiae In Support Of The Petition, Charles Duan

Amicus Briefs & Court Filings

Amici curiae are scholars of law, economics, and medicine, listed in the Appendix. Their interest is in the proper development of patent law in ways that best promote the interests of innovation access and the public interest.

Brief Of 76 Scholars Of Law, Business, Economics, And Medicine As Amici Curiae, Charles Duan

Amicus Briefs & Court Filings

No abstract provided.

Motion For Leave To File Brief Of 31 Intellectual Property And Media Law Professors As Amici Curiae In Support Of Appellant And Reversal, Christine Farley

Amicus Briefs & Court Filings

Amici Intellectual Property and Media Law Professors respectfully move for leave to file a brief in support of Appellant in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3) and 11th Circuit Rule 29-1.1 The proposed brief is being tendered herewith. All parties have received notice of the filing of this motion and proposed brief. Counsel for Appellant has consented to the filing of the proposed brief; counsel for Appellee has advised that Appellee opposes the filing.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents