Intellectual Property Law Commons^™

Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward, Zhipeng Zhu

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D.

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Against The Whistle: How Congress Can Stop Sports Piracy, Julianna Kapovic

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?, Liam Donovan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Click To Agree: Reassessing Minors' Persona Rights In The Age Of Monetized Social Media, Mackenzie Custer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

When Knowledge Isn't Free: Legal And Ethical Imperatives Of Protecting Indigenous Intellectual Property, Claire Courter

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

All Rights Reserved . . . For Disney: Corporate Mouse Traps, A Frozen Public Domain, And How A.I. May Usher In A Whole New World For Copyright, Matthew A. Shatto

Mercer Law Review

Copyright, as a body of law, is a recent development in the human consciousness, originating in 1710 with England’s Statute of Anne. Nevertheless, in the three hundred years that followed, more copyright laws were enacted than murder statutes throughout recorded history. With these successive statutes, corporations have effectuated the largest land grab ever seen. Modern copyright law is the elephant in the room in discussions of wealth inequality, perpetuating evil inside and between countries. Moreover, it has deprived humanity of cultural roots, locking ideas behind a paywall that funnels wealth to the few and stymies ingenuity through the sterilization of …

Ai Is Taking Over!: A New Generation Of Unemployment Fears, Amaya V. Hepburn

Student Scholar Symposium Abstracts and Posters

The growing panic surrounding AI taking over the workforce is strong in a distinct group of demographics, in contrast to the fear of computers taking over the workforce that was seen in previous generations. This suggests that AI developments have sparked a wave of fear that is unlike the fear of tech developments in the past. I have discovered that this fear is prevalent across several demographics: age, employment, and income. By cross-analyzing through the 2017 and 2025 fear surveys, I discovered that fear of AI is more prevalent in younger generations and is more threatening to students entering the …

Cox V. Sony: Let’S Call Gershwin Off, Jonathan Band

Joint PIJIP/TLS Research Paper Series

No abstract provided.

How Licensing Compromised The Library, Aaron Perzanowski

Articles

Libraries are under attack on multiple fronts. Fueled by right-wing talking points, social-media misinformation, and conspiratorial fantasy, efforts to remove or restrict access to books in public and school libraries have exploded across the United States. At the same time, libraries have confronted a disturbing rise in threats of violence and harassment directed at staff and patrons. State and federal actors have targeted library budgets. And on occasion, local residents have voted to defund their own libraries.

But it gets worse. Libraries face new challenges to their basic operations. Materials are harder than ever to acquire, and many in-demand digital …

Intellectual Property Is A Drag [Queen], Brianna Pruitt

Barry Law Review

No abstract provided.

Reflections On The Use And Misuse Of Economic Analysis In Copyright, Glynn Lunney

Faculty Scholarship

Economic analysis has long been used to justify copyright regulation. Long before the Statute of Anne, the Stationer’s Guild told the story of the copying competitor, who in the absence of regulation, would copy every original book and offer it for less. In the story, the coping competitor would, in the absence of regulation, deprive the original author of an opportunity to recoup their authorship investment, and so lead to a world where no books at all would be published. To ensure sufficient incentives for authorship, some degree of copyright regulation was thought essential. At the same time, in the …

The Artificial Artist: Considering Ai’S Impact On Image Copyright, Alyse Mandelblatt

Communication Undergraduate Honors Theses

This thesis seeks to create empirical results to ground what has been a largely theoretical discussion about the effect of artificial intelligence (AI) on copyright law in the United States. AI has disrupted traditional ideas of creativity and expression, which are vital communication tools. Copyright is a regulatory agent to encourage the production of unique communication products by giving owners complete rights to their work. Copyright principles conflict with current AI model training practices. This research considers how AI literacy may provide insight into copyright knowledge and AI attitudes for prediction of how common law and AI regulation policy may …

The Judicial Subjectivity In The Fair Use Analysis Of Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith And Its Implications, Donna Khademi

Theses

The case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith demonstrates the subjective nature of the fair use doctrine. Scholars suggest that judges are often forced to interpret expressive works without specialized training in art, leading to inconsistent rulings. These discrepancies can lead to legal ambiguity and potentially weaken First Amendment protections. A deeper understanding of authorship, appropriation, and contemporary art highlights their crucial role in evaluating expressive works. By examining current legislation and judicial precedents, this paper shows the subjective and inconsistent nature of the present legal framework and offers a set of related proposals. It …

The Constitutional Future Of Trademark Tarnishment, Jake Linford

William & Mary Bill of Rights Journal

This Article is the first to examine whether trademark anti-tarnishment laws should be deemed constitutional after the Supreme Court’s 2024 decision in Vidal v. Elster. Anti-tarnishment laws protect famous brands from uses that could damage their reputation, even when consumers are not confused about who makes the tarnishing product.

The Supreme Court recently declared some trademark registration restrictions unconstitutional in Matal v. Tam and Iancu v. Brunetti. In these cases, the Court struck down federal laws that prevented registration of “disparaging” trademarks and “scandalous or immoral” trademarks because they categorized the registration bars as unconstitutional viewpoint-based restrictions. These …

That Song Sounds Familiar: An Analysis Of U.S. Copyright Considerations In Popular Music, Jessica Johnson

Honors Theses

Much of popular music has started to bear resemblance to songs of the past as artists rely on techniques, including sampling and interpolations, to ensure their song is a guaranteed hit. But what are the legal implications behind that, and is the line between inspiration and copying getting blurred? This thesis aims to consider the precedent of copyright law as applied to modern musical works and how the landscape of popular music has evolved over time to raise more copyright concerns. It also looks at two modern case studies of musical inspiration that have resulted in legal claims: the song …

Tear Down The Wall: Why Requiring The Fda And The Pto To Share Information Will Improve The Decision-Making Of Both Agencies, Robin C. Feldman, Gideon Schor

Faculty Scholarship

An invisible wall separates the U.S. Food and Drug Administration (FDA) from the U.S. Patent and Trademark Office (PTO). This wall blocks inter-agency communication, depriving the PTO of information relevant to patent applications and depriving the FDA of information relevant to drug-approval applications. Consequently, it is too easy for a drug company to tell the PTO ‘our drug is new’ (in hopes of speeding a patent grant) while telling the FDA ‘our drug is not new’ (in hopes of speeding drug approval). Better communication between the FDA and PTO would increase agency accuracy by preventing inconsistent representations, and would increase …

Quantitative Analysis And Mechanism Pathways Of China's Patent Commercialization Policies Based On A Three-Dimensional Framework, Zhulin Xin, Feng Wei, Hong Zhou, Amei Deng, Luyao Dou

Journal of Scientific Information Research

[Purpose/significance] Improving the patent commercialization policy system is a necessary prerequisite for leveraging the institutional advantages of China's patent system. Analyzing the structure and content of patent commercialization policies and uncovering their core operational mechanisms is of great significance for enhancing the industrialization rate of patents. [Method/process] This study investigates patent commercialization policies issued by central, provincial, and municipal governments in China. It adopts a quantitative policy text analysis method and constructs a three-dimensional analytical framework consisting of policy tools-institutional systems-participating actors to examine the integrated operational characteristics of policy instruments, institutional structures, and actor roles within the current policy …

Copyright On Stage: Protecting The Directions Behind The Performance, Eliana Sakin

The Journal of Business, Entrepreneurship & the Law

In this comment, the author argues that theatrical stage directions should be recognized as copyrightable material under the U.S. Copyright Act, primarily by categorizing them as "choreographic works". Sakin highlights that while the 1976 Copyright Act explicitly protects choreography and pantomimes, stage directions—which serve as the "blueprints" for a production's blocking, technical cues, and artistic mood—currently exist in a legal gray area. Through an analysis of historical context and industry disputes, such as the Urinetown and The Most Happy Fella settlements, the author illustrates a growing industry recognition of a director’s staging as a protectable, original contribution, despite the lack …