Intellectual Property Law Commons^™

Interpolation, Litigation, And Copyright Confusion: How The Music Industry’S Influence Is Hindering Creativity, Hannah Edmondson

Oklahoma Law Review

No abstract provided.

Copyright In Ai Training Data: A Human-Centered Approach, David W. Opderbeck

Oklahoma Law Review

No abstract provided.

Tiktok, Copyright, And Justice, Brittany Morris

Journal of Law, Technology, & the Internet

In 2019, the Copyright Office refused registration for two "dances" that were highly recognizable and traceable to specific individuals. The "Carlton" was refused because it is a "simple routine that is not registrable as a choreographic work." The "Milly Rock" was also refused registration on the same grounds. Epic Games was selling the dances as an add-on to its wildly popular video game, Fortnite, which primarily derives profits from microtransactions. The app TikTok is experiencing an analogous problem. In July 2021, Black Creators were on strike from the app.1 They alleged that the original dances they created for the app …

Artificial Intelligence And Mediation Ethics, Zachary R. Calo

Scholarly Works

No abstract provided.

The Notes You Don’T Play: An Empirical Analysis Of The Ninth Circuit’S Filtration Problem In Music Copyright Cases, Robert D. Capodilupo

Fordham Intellectual Property, Media and Entertainment Law Journal

The Ninth Circuit’s approach to music copyright cases has failed to provide artists with a clear landscape of the boundaries of copyright protection for creative works. Perhaps most disconcerting is the doctrine’s lack of rigid guidance as to which elements of a composition are protected by copyright. Since the court’s controversial ruling in Williams v. Gaye, which showcased the court’s failure to differentiate between protectable and unprotectable musical elements, the literature has taken a greater interest in analyzing the effects of this muddied doctrine. In their 2019 article, Christopher Jon Sprigman and Samantha Fink Hedrick theorize how the doctrine of …

Forming A More Perfect Union With Blockchains And Nfts: Why The United States Should Embrace An E-Government, Alexandria Labaro

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note analyzes blockchain and non-fungible token (“NFT”) technology in the government, emphasizing the benefits of technological integration for improved data security and streamlined bureaucratic processes. It follows the growing popularity of “e-government” practices across the globe and considers factors associated with integrating blockchain and NFT technology in U.S. governmental procedures.

Misappropriation Of Drawing Power (Free-Riding) In Trademarks, Tony Bortolin

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article advances the cause of action regarding the Misappropriation of Drawing Power (“free-riding”). It is a form of anti-dilution, along the lines of European Union laws regarding parasitism, and is analogous to other laws such as the protection of personality rights. It could also help settle long-standing debates in the trademark field, such as those regarding dilution by blurring, initial-interest confusion, comparative advertising, and whether and how to protect marks beyond the geographical scope of the plaintiff’s sales (such as protecting U.S. marks used internationally).

Business Empire To Patent Umpire: Amazon And The Ascent Of Platform Patent Adjudication, Shih-Wei Chao

Fordham Intellectual Property, Media and Entertainment Law Journal

A trend in patent law is mounting, one which this Article refers to as Platform Patent Adjudication. Amazon’s Patent Evaluation Express (“APEX”) now allows patent owners and sellers to resolve infringement disputes without using courts, and even without traditional alternative dispute resolution mechanisms like arbitration or mediation, but instead entirely within the platform setting. Amazon touts, and many practitioners agree, that its procedure is much less expensive and much quicker than litigating in court. But why is Amazon doing this? And why have other platforms not done this before? This Article takes a step back to examine the conditions and …

Foreign Intelligence Surveillance Act Section 702: The Good, The Bad, And A Proposal To Make It Less Ugly, Kevin Burns

Fordham Intellectual Property, Media and Entertainment Law Journal

Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has been controversial since its inception. Created to allow intelligence collection against targeted foreign persons, electronic surveillance under Section 702 casts a wide net, often capturing communications sent to or by United States persons. Opponents point to the invasion of privacy such collection presents, and to the well-documented abuse and biased use of Section 702 data against U.S. citizens. This Note argues that despite this, Section 702 is a vital tool in the fight against terrorism and drug trafficking and the case against Section 702 is weaker than it appears. This …

A Glance Not Taken—When Claim Interpretation Ignores The Best Evidence, David R. Soucy, Esq.

Fordham Intellectual Property, Media and Entertainment Law Journal

A little-known but longstanding rule of patent law is that the article “a” means one or more than one when recited within a patent claim. But the commonly understood meaning of “a” is a numerosity of just one. The case of Salazar v. AT&T Mobility is about the misapplication of the patent law general rule of indefinite articles to find that the term “a microprocessor” means just one microchip. That fundamental tenet states that “a” means one or more than one, unless a patentee disavowed that meaning as evidenced by: (1) other language of the claims (i.e., dependent …

Good Readers, Good Writers, And Ai: Tool, Collaborator, Author?, Katherine Jung

Fordham Intellectual Property, Media and Entertainment Law Journal

Artificial Intelligence (“AI”) systems have revolutionized the world of creative writing. Beyond providing simple grammar or spelling assistance, the most advanced of these systems can now play a collaborative role in the writing process, increasing productivity while pushing content in new and surprising directions. AI-generated creativity raises compelling questions in the context of copyright law, which has long been predicated on the assumption of human authorship. The capacity of AI to one day generate writing at a level of mastery on par with human beings complicates traditional notions of creativity, the protection of which the entire copy …

Algorithmic Dead Hands: What Is Dead May Never Die, Zachary L. Catanzaro

Fordham Intellectual Property, Media and Entertainment Law Journal

Can we transcend death? By harnessing large language models and the invasive data harvesting of surveillance capitalism, AI systems now offer testators unprecedented posthumous control over property and heirs. These algorithmic ‘dead hands’ promise a seductive form of digital immortality, but if left unchecked, they threaten to spawn a novel breed of perpetuities. This technology risks birthing a digitized techno-feudal Necrocracy marked by inalienable property, extreme wealth consolidation, and the dead’s perpetual dominion over the living.

While modern reforms have weakened the common law’s traditional hostility to dead hand control, these reforms failed to anticipate technologically embodied intentionality persisting beyond …

A Trade-Off In Smart Contract Arbitration; Sacrificing Arbitrators’ Anonymity For Transparency?, Bahadir Köksal

Fordham Intellectual Property, Media and Entertainment Law Journal

The recent growth in blockchain usage has substantially affected the number of transactions executed via smart contracts. In parallel, the number of transactions will likely increase the number of disputes that arise from these smart transactions. Some innovative arbitration platforms have emerged in response to the urgent need for a tailor-made dispute resolution mechanism. These platforms tend to promote the anonymity of arbitrators because of their decentralized nature and secured proceedings. Does the anonymity of arbitrators’ identities and skills increase the transparency in smart contract arbitration? And to what extent can the anonymity of arbitrators be sacrificed for more transparent …

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Marquette Intellectual Property & Innovation Law Review

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Looking For Liability For Harmful Social Media Content And Cyberbullying After Gonzalez V. Google, Llc, Elizabeth M. Jaffe

Marquette Intellectual Property & Innovation Law Review

None

A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde

Marquette Intellectual Property & Innovation Law Review

None

Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty

Marquette Intellectual Property & Innovation Law Review

None

The Effects Of Section 101'S Subject Matter Eligibility Requirement On Fintech Patent Valuation Models, Fhernam Batiz

Marquette Intellectual Property & Innovation Law Review

None

Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik

Marquette Intellectual Property & Innovation Law Review

The dispute between Luka Dončić and his mother over his ability to withdraw consent to a trademark of his name revealed a gap in trademark law. This Comment explains the lack of legal guidance on how a court should rule if a person initially gives their consent to use their name as a trademark but later wishes to withdraw that consent. The Comment addresses two contrasting ideas. The first is the freedom to contract and the desire of courts to protect the voluntary consent of individuals to allow others to trademark their name. Alternatively, the Comment addresses the right of …

Protecting The Brand: Analyzing The Legal Landscape Of Negative Product Placements, Katie M. Brown, Sarah M. Brown, W. Eric Brown

Marquette Intellectual Property & Innovation Law Review

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