Intellectual Property Law Commons^™

Future Market Blueprints: Harnessing Artificial Intelligence In A World Wired For Wonder, David Temprano

Northwestern Journal of International Law & Business

George, Jane, and the gang from The Jetsons promised us the dream to soar with flying cars. Well, we move forward with self-driving cars. Robot maids? Well, we got a handy dandy Roomba. The Turn-off-the-Boss Button? Well, we have screen share toggling and the mute button. What each of these examples has in common is artificial intelligence (AI). According to some estimates, AI and its innovation have the potential to boost the global economy by trillions of dollars a year, revolutionizing society in the process. In this process comes progress, but also worry and questions, law and intervention, along with …

Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti

Theses/Capstones/Creative Projects

This paper looks into the issue of minors in the era of social media and seeks to answer the question: how can regulations help to protect children’s privacy in the age of social networks? To do this, this paper will start by exploring the privacy issues that have arisen amongst minors in the modern age and the lack of accountability for social networking companies. It will then look at the current regulations related to this issue and see where these regulations have fallen short. Next, possible regulatory solutions to this issue will be explored, including looking at current laws that …

Gene Patents: Striking The Right Balance Between Incentive And Innovation, Josh Saul

Fordham Law Review

The U.S. Supreme Court held human genes to be unpatentable subject matter in Association for Molecular Pathology v. Myriad Genetics, Inc. The implications from this decision were, and to a large extent still are, unclear. However, in the decade since this decision, a number of studies have begun to shed light on the fallout of Myriad. This Note examines such studies and finds that they suggest a decline in investment and innovation in the biotech industry. In order to promote research and innovation in the field of genetics, this Note then advocates for legislative action to reestablish the …

Intellectual Property Rights: Examining Outdated Laws, Monopolies, Manipulation, And The Need For Modernization, Maggie Moles

Economics Undergraduate Honors Theses

This thesis critically examines the shortcomings of current intellectual property (IP) laws in the face of rapid technological advancement and evolving digital landscapes. It argues that while IP laws were intended to incentivize innovation, protect creators' rights, and foster fair competition, they often fall short of these goals in practice. Through an analysis of various case studies and real-world examples, the thesis demonstrates how outdated IP laws can hinder progress, stifle creativity, and impede access to knowledge and resources, particularly in industries heavily reliant on patents and copyrights.

Furthermore, the thesis explores alternative models and proposals for reform, including open …

De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp

Undergraduate Honors Theses

How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …

Copyright & Modding In The Modern Gamespace, Josephine Railston

Student Scholar Symposium Abstracts and Posters

In the modern gamespace, modding has become an excellent opportunity for video game enthusiasts to express their creativity and love for a game; but what happens when that passion is stifled by a major company? My poster presentation will examine the ethics behind modding and ROM hacking, from both the perspectives of major video game corporations as well as their fanbase at large. We will analyze this issue using the case study of Pokémon Prism, a Pokémon Crystal ROM hack, which was canceled days prior to its release following a cease and desist by Nintendo. More specifically, we will investigate …

Music Borrowing And Copyright Law: A Genre-By-Genre Analysis, Hannah Rosborough

Articles, Book Chapters, & Popular Press

Edited by Enrico Bonadio and Chen Wei Zhu, Music Borrowing and Copyright Law: A Genre-by-Genre Analysis confronts the valuable task of addressing the following points of significance: First, the relationship between copyright law and music borrowing is dynamic. Second, copyright and music borrowing have most often been considered and centred around a Western perspective. Third, there is a concern that copyright may stifle creativity in the music space. And fourth, the relationship between copyright law and music requires a fulsome review to better understand the borrowing norms and practices of musicians.

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Music Borrowing and Copyright Law: A Genre-by-Genre Analysis …

A New Approach To Patent Reform, Janet Freilich, Michael J. Meurer, Mark Schankerman, Florian Schuett

Faculty Scholarship

Scholars and policy makers have tried for years to solve the tenacious and harmful crisis of low quality, erroneously granted patents. Far from resolving the problem, these determined efforts have resulted in hundreds of conflicting policy proposals, failed Congressional bills, and no way to evaluate the policies’ value or impact or to decide between the overwhelming multiplicity of policies.

This Article provides not only new solutions, but a new approach for designing and assessing policies both in patent law and legal systems more generally. We introduce a formal economic model of the patent system that differs from existing scholarship because …

Are Researchers Citing Their Data? A Case Study From The U.S. Geological Survey, Grace C. Donovan, Madison L. Langseth

Copyright, Fair Use, Scholarly Communication, etc.

Data citation promotes accessibility and discoverability of data through measures carried out by researchers, publishers, repositories, and the scientific community. This paper examines how a data citation workflow has been implemented by the U.S. Geological Survey (USGS) by evaluating publication and data linkages. Two different methods were used to identify data citations: examining publication structural metadata and examining the full text of the publication. A growing number of USGS researchers are complying with publisher data sharing policies aimed to capture data citation information in a standardized way within associated publications. However, inconsistencies in how data citation information is documented in …

Cerveza Cristal: A Copyright Loophole In A Beer Ad From 2003?, Sebastian Saavedra Irarrazaball

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The internet stumbled onto a ready-made meme last month in the form of 20-year-old beer commercials from South America1. Back in 2003, a Chilean advertising agency decided to elevate the art of product placement. Their canvas: a planned broadcast of the original trilogy of Star Wars during a primetime slot on the second most popular national channel. DVDs were in their commercial infancy in the country, VHS tapes were available, but not everywhere. There was a guaranteed, captive audience.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 30, 2024. The original post …

Beyond Patents: Incentive Strategies For Ocean Plastic Remediation Technologies, Jacob Stotser

Duke Law & Technology Review

With a garbage truck’s worth of plastic being dumped in the ocean each minute, there is a dire need for effective technological solutions aimed at mitigating the marine plastic pollution problem. However, the reliance of the U.S. patent system on market demand to incentivize this type of innovation has proven insufficient in light of the peculiarities of “green” technologies. To remedy this, this article proposes a multi-faceted incentivization approach that looks beyond the U.S. Patent and Trademark Office to stimulate the development of remediation technologies through comprehensive regulatory interventions, the establishment of prize funds and other alternative incentive mechanisms, and …

Fanfiction Flicks: Dissecting The Expected Legal Ramifications Of Harry Styles Homages On The Big Screen, Aydan Urias

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

When the trailer for the highly anticipated Amazon Prime film The Idea of You debuted on YouTube in March 2024, viewers were captivated by the striking resemblance between the main character, Hayes Campbell, portrayed by Nicholas Galitzine, and the renowned former British One Direction member, Harry Styles. The film is based on the novel The Idea of You by author Robinne Lee. In a 2017 interview, Lee admitted to beginning the novel after seeing a YouTube video of the boy band One Direction and stated that she was specifically inspired by the personal life of Harry Styles.

This post was …

The Impact Of The “Misclassification” Of Employees As Independent Contractors On New York City’S Performing Arts Institutions And Gig-Based Performers, Katie Sigety

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) made it possible for independent contractors to access unemployment benefits, or “Pandemic Unemployment Assistance” (“PUA”), for the first time. This created a new awareness for how many gig-based performing artists were considered independent contractors. In the wake of the PUA program expiration in 2021, the DOL identified 425,000 fraudulent unemployment benefit claims filed, totaling $5.5 billion, during the COVID-19 pandemic. The fraudulent claims were filed using the real identities of individuals who were not employed, which were likely stolen during previous data breaches …

Tennessee Legislature Declares That The Human Voice Will Remain ‘The King’ In Nashville, Ryan Bickett

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Last month, Tennessee broke legal ground by passing the Ensuring Likeness Voice and Image Security, or “ELVIS,” Act. This law amends the state’s existing publicity laws to include protections for an individual’s voice in general as well as specifically against artificial intelligence (AI) impersonation. The statute defines a voice as “a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.” This standard shows a statutory expansion of legal protections for voices that blossomed with major cases in …

The Triumph Of Three Big Ideas In Fair Use Jurisprudence, Michael W. Carroll, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

In two recent cases, Google LLC v. Oracle America, Inc. (“Google v. Oracle”), and Andy Warhol Foundation for the Visual Arts v. Goldsmith (“Warhol”), the Supreme Court ratified its 1994 holding that transformative use is the appropriate analytical framework for applying copyright law’s fair use provision. In doing so, the Court withstood significant pressure from industry participants in these cases to change course. This Article argues that the Court’s decisions, which represent one third of the Court’s total merits decisions on fair use, are historic. The principal contribution this Article makes is to demonstrate to courts and parties in future …

Road To A Chemistry-Specific Data Management Plan, Daniela Adele Hausen, Ann-Christin Andres, Jochen Ortmeyer, Sonja Herres-Pawlis

Copyright, Fair Use, Scholarly Communication, etc.

In order to develop a discipline-specific data management plan (DMP) template, it is important to obtain information from researchers. For a chemistry-specific template, NFDI4Chem conducted a series of interviews with 27 participants and used data from the RDA WG Discipline-specific Guidance for DMP online survey.

The interviews showed that the implementation of research data management in everyday work is a big challenge. Key findings from the interview series highlight challenges in implementing FAIR principles, with a focus on “Findability” and “Reusability.” The importance of linking physical samples and data in chemistry is emphasised, with discussions on storage, archiving, and the …

No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke

University of Miami Law Review

Street art and graffiti are pervasive artforms found throughout the world and throughout history. While the artforms have been associated with crime and vandalism in the past, they have increasingly been featured in different capacities from art galleries to corporate marketing campaigns. With street art’s growing recognition and popularity, corporations have begun to use the medium to target new customer bases. In some situations, the use of artwork in marketing campaigns is unsanctioned by the artist. Therefore, courts have now begun to examine the balance between copyright protection for street artists and the corporate use of street art. Section 120(a) …

Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel

Articles

A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.