Masthead,
2024
UC Law SF
Artificial Authorship On The Big Screen: Regulating Ai In Scriptwriting,
2024
UC Law SF
Artificial Authorship On The Big Screen: Regulating Ai In Scriptwriting, Cassie Larson
UC Law SF Communications and Entertainment Journal
While the rise of artificial intelligence (AI) offers exciting, new creative possibilities for the entertainment industry, it also threatens to replace or undercompensate the humans who have been at the backbone of the industry since its inception. AI’s increasing ability to generate human-quality content raises concerns about job displacement and copyright ownership for scriptwriters. While the recent Writers Guild of America (WGA) strike secured several protections, the unique and rapidly evolving nature of AI requires that further legal safeguards be created. This Note argues for additional regulations to ensure that AI remains a collaborative tool for scriptwriters and not a …
Toxic Minimalism On The “Yolo” Court: The Supreme Court’S Dangerous Muddle In First Amendment And Speech-Adjacent Law,
2024
UC Law SF
Toxic Minimalism On The “Yolo” Court: The Supreme Court’S Dangerous Muddle In First Amendment And Speech-Adjacent Law, Matthew D. Bunker, Emily Erickson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Intellectual Property Liability For Businesses In The Age Of Ai: What New Liabilities Businesses Using Ai Could Face And The Possible Methods Of Self-Protection,
2024
University of Michigan Law School
Intellectual Property Liability For Businesses In The Age Of Ai: What New Liabilities Businesses Using Ai Could Face And The Possible Methods Of Self-Protection, Elizabeth Anne Henderson
Michigan Business & Entrepreneurial Law Review
The invention of Artificial Intelligence (“AI”) has triggered a wave of copyright and trademark litigation that will likely shape the intellectual property laws governing AI for the foreseeable future. Lawsuits against AI giants like Meta and OpenAI stand to declare popular uses of AI as actionable infringement as well as possibly reshape how copyright and trademark law view concepts, such as fair use and derivative works in the age of technology. Meanwhile, businesses are pushing forward rapidly with adopting AI and implementing its use in everyday functions. For many of these businesses, AI is a highly desirable but poorly understood …
Time For A Copyright Remix: Learning From Djs’ Problematic Pandemic Livestreams & Reimagining A More Productive Framework For Music On Social Media,
2024
Chicago-Kent College of Law
Time For A Copyright Remix: Learning From Djs’ Problematic Pandemic Livestreams & Reimagining A More Productive Framework For Music On Social Media, Aaron Thompson
Chicago-Kent Law Review
No abstract provided.
Pack Your Bags…We’Re Moving To The Public Domain: The Expiration Of Copyright Terms And Its Implications On Future Protection,
2024
UC Law SF
Pack Your Bags…We’Re Moving To The Public Domain: The Expiration Of Copyright Terms And Its Implications On Future Protection, Sophie Ganion
UC Law SF Communications and Entertainment Journal
The following Note addresses the expiration of copyright terms for a multitude of creative works and the various implications of that expiration for their future IP protection. It explores the conflicting perspectives of stakeholders, from the excitement of artists and everyday creatives versus the concerns of industry leaders about the potential erosion of their copyright monopolies. Drawing from landmark cases like Baker v. Selden and Dastar Corporation v. Twentieth Century Fox Film Corp., this Note highlights the complex questions surrounding copyright expiration and the strategic use of trademark protection. The Note emphasizes the necessity for coherent legal frameworks to ensure …
Make America Healthy: Reducing High Pharmaceutical Prices Without Reducing Innovation,
2024
Texas A&M University School of Law
Make America Healthy: Reducing High Pharmaceutical Prices Without Reducing Innovation, Srividhya Ragavan
Faculty Scholarship
Cost of medication in the United States has historically remained one of the highest in the world. The conundrum that the United States has faced in balancing innovation with affordability of life-saving medications is palpable, especially when faced with the reality of patent monopolies conflicting with healthcare obligations. The result is an overflow of issues, which emphasize the need to delineate limits on innovation to balance pharmaceutical novelty with robust public health within the United States. This has increasingly shifted the focus of patent law into the realm of healthcare issues. Naturally, it leads to an inquiry about how best …
Transforming Fair Use,
2024
Texas A&M University School of Law
Transforming Fair Use, Glynn Lunney
Faculty Scholarship
In the United States, the fate of fair use, and by extension, copyright itself, hang in the balance. In recent years, courts have disagreed over fair use’s proper scope. On the one side are appellate decisions that interpret fair use broadly. While these decisions do not go so far as to suggest that every reuse is fair, they typically use the talismanic phrase “transformative use” and give it a generous and flexible interpretation. On the other side are appellate decisions that interpret fair use restrictively. While again they do not go so far as to suggest no reuse is fair, …
Intellectual Property, Global Inequality, And Subnational Policy Variations,
2024
Texas A&M University School of Law
Intellectual Property, Global Inequality, And Subnational Policy Variations, Peter K. Yu
Faculty Scholarship
This chapter criticizes the oversimplification of the binary North–South debate on intellectual property, innovation, and global inequality and highlights the wide geographic, sectoral, and income inequalities within middle-income countries. It begins by explaining why the arrival of these countries has called into question the North–South debate. The chapter then moves from the widely studied subject of global inequality to the underexplored topic of national inequality. Focusing on the intellectual property context, the discussion highlights the considerable subnational variations in the economic and technological conditions of middle-income countries. To combat national inequality, this chapter concludes by recommending interventions in three areas: …
Intellectual Property, Innovation And Economic Inequality,
2024
University of Haifa
Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu, Francis Gurry, Keun Lee
Faculty Scholarship
While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles …
Introduction To Intellectual Property, Innovation And Economic Inequality,
2024
Texas A&M University School of Law
Introduction To Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu
Faculty Scholarship
This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.
China, The Trips Waiver, And The Global Pandemic Response,
2024
Texas A&M University School of Law
China, The Trips Waiver, And The Global Pandemic Response, Peter K. Yu
Faculty Scholarship
This chapter identifies three distinct reasons why China took a middle-of-the-road position in the debate on the COVID-19 TRIPS waiver at the WTO. It also recounts the country’s more assertive position in the run-up to the adoption of the Ministerial Decision on the waiver. Drawing eight lessons from the international debate on the waiver and the subsequent Ministerial Decision, the chapter offers insights into the future role China can or will play in future international policy debates at the intersection of intellectual property and public health, including during the next pandemic.
Reshaping Intellectual Property Scholarship From Within,
2024
Texas A&M University School of Law
Reshaping Intellectual Property Scholarship From Within, Peter K. Yu
Faculty Scholarship
Written for the Symposium collecting papers from the Race + IP 23 Conference, this article explores intellectual property scholarship that has been either overlooked or marginalized. Because scholars of color are often outsiders looking in, the article identifies opportunities to reshape intellectual property scholarship from within. Even though the focus of this article was chosen with readers of this Symposium in mind, its insights will be relevant to all scholars.
This article begins by calling on scholars to develop a deeper appreciation of the intrinsic motivations of authors and inventors. It then discusses the oft-overlooked inequalities of creativity and innovation …
The Grapes Of Roth,
2024
Marquette University Law School
The Grapes Of Roth, Bruce E. Boyden
Washington Law Review
Shortly after Roth Greeting Cards was decided in 1970, its offhand reference to the “total concept and feel” of the cards at issue became the dominant standard in copyright law for determining whether two works were substantially similar. That is a remarkable achievement for a phrase that, in the words of the influential Nimmer treatise, “threatens to subvert the very essence of copyright.” It nevertheless had enormous appeal for federal judges, and the reason extends well beyond copyright law. “Total concept and feel” appeared at a critical juncture for the federal judiciary, as an older model of decision-making, based on …
Legal Chefs’ Appetizing Taglines To Engage Consumers In The Age Of Social Media: The Struggle Against Trademark Genericide,
2024
University of Arkansas, Fayetteville
Legal Chefs’ Appetizing Taglines To Engage Consumers In The Age Of Social Media: The Struggle Against Trademark Genericide, Emily Mcdonald
Journal of Food Law & Policy
Many have heard the phrases “raisin bran,” “escalator,” “nylon,” and “aspirin,” all of which are “old” trademarks that have undergone genericide. Genericide occurs when a trademark has become common from the customer’s perspective concerning specific goods or services rather than associated with the source, which is usually the company that registered the trademark. In short, businesses are no longer able to use the trademark exclusively. Another common trademark phrase that became generic was “Taco Tuesday.” In light of the prolific use of social media today, recent data and statistics show that “food” has become a predominant category and trend on …
Time To Stop Trip-Ing: The World Needs A New Geographical Indications Agreement,
2024
Brooklyn Law School
Time To Stop Trip-Ing: The World Needs A New Geographical Indications Agreement, Evan Glatt
Brooklyn Journal of International Law
When it comes to purchasing food and alcohol, a product’s name carries weight and helps consumers make decisions. When the product’s name includes a place and establishes a certain level of quality and expectation, consumers trust that the product is what it purports to be. This concept, the reputation of a particular food product by name, is known as a geographical indication (GI). GIs cover a wide range of products, from the well-known champagne to lesser known products such as Roquefort cheese. GIs create financial value for local producers, contribute to sustainability initiatives, and raise the quality of goods for …
Data Scraping For Generative Ai—To What Extent?,
2024
Brooklyn Law School
Data Scraping For Generative Ai—To What Extent?, Jae Yeon Cecilia Kim
Brooklyn Journal of Corporate, Financial & Commercial Law
Generative AI platforms are developed by scraping data from other platforms. This raises complex copyright infringement issues that are yet to be resolved. Courts have attempted to address these problems using the fair use doctrine, which evaluates four factors to determine whether a use infringes on copyright: (1) the purpose and character of the use, (2) the nature of the use, (3) the amount and substantiality of the copyrighted work’s use, and (4) the impact of the use on the market for the original work. Despite efforts to apply this long-established doctrine, challenges persist, including difficulties in identifying the copyright …
Emerging Compliance In The Generative Decentralized Era,
2024
Brooklyn Law School
Emerging Compliance In The Generative Decentralized Era, Nizan Geslevich Packin
Brooklyn Journal of Corporate, Financial & Commercial Law
Is it the end of compliance as we know it? Emerging technologies such as Artificial Intelligence (“AI”), including Generative AI (“GenAI”), and blockchain are reshaping regulatory compliance in the Web 3.0 era. As machine-generated data becomes the norm, traditional models reliant on human oversight are becoming obsolete, necessitating swift adaptation from regulators and industry stakeholders. Historically, compliance was designed to be managed by humans due to the need for critical thinking, ethical considerations, and nuanced decision-making. Yet, in today’s era, this approach is no longer viable. Addressing this need, Regulatory Technology (“RegTech”) has played a key role in modernizing compliance …
United States Environmental Protection Agency Response To The Ofiice Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024),
2024
University of Nebraska - Lincoln
United States Environmental Protection Agency Response To The Ofiice Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)
Copyright, Fair Use, Scholarly Communication, etc.
EPA response to OSTP memo, 2022: Public Access Plan (December 2024)
United States Fish And Wildlife Service Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024),
2024
University of Nebraska - Lincoln
United States Fish And Wildlife Service Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)
Copyright, Fair Use, Scholarly Communication, etc.
FWS response to OSTP memo, 2022: Public Access Plan (December 2024)
