Intellectual Property Law Commons^™

United States Department Of Energy Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (June 2023)

Copyright, Fair Use, Scholarly Communication, etc.

DOE response to OSTP memo, 2022: Public Access Plan (June 2023)

United States Department Of Energy Public Access Plan, United States Department Of Energy

Copyright, Fair Use, Scholarly Communication, etc.

This document, the public access plan (the Plan) for the Department of Energy (DOE or Department), including the National Nuclear Security Administration, presents the Department of Energy’s plan for increasing access to the results of the research and development (R&D) it supports in response to the August 25, 2022, Office of Science and Technology Policy (OSTP) Memorandum, “Ensuring Free, Immediate, and Equitable Access to Federally Funded Research”1 and to the previous February 22, 2013, OSTP Memorandum, “Increasing Access to the Results of Federally Funded Scientific Research.”2 This Plan, which supplants the Department’s July 2014 Public Access Plan, was developed by …

The Open Access Journals Toolkit, Alex Mendonça, Andrea Chiarelli, Andy Byers, Andy Nobes, Chris Hartgerink, Clarissa França Dias Carneiro, Elle Malcolmson, Ivonne Lijano, Katie Foxall, Lucia Loffreda, Rebecca Wojturska, Solange Santos, Susan Murray, Tom Olijhoek, Wendy Patterson

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Getting Started 5 • Scope, aims and focus 5 • Choosing a title for your journal 6 • Types of content accepted 7 • Kick-off and ongoing funding 11 • Disciplinary considerations 16 • Journal setup checklist and timeline 18 • Running a journal 20 • Article selection criteria 20 • Publication frequency and journal issues 23 • Attracting authors 25 • Peer review and quality assurance 27 • The costs of running an online open access journal 31 • Running a journal in a local or regional language 34 • Flipping a journal to open access 36 • …

United States Department Of Agriculture Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (June 2023)

Copyright, Fair Use, Scholarly Communication, etc.

USDA response to OSTP memo, 2022: Public Access Plan (June 2023)

Albrecht Dürer’S Enforcement Actions: A Trademark Origin Story, Peter J. Karol

Vanderbilt Journal of Entertainment & Technology Law

This Article offers a trademark-framed reappraisal of a pair of extraordinary enforcement actions brought by the Northern Renaissance artist Albrecht Dürer (1471–1528) against copyists of his work. These cases have long been debated by art, cultural, and copyright historians insofar as they appear to reject Dürer’s demand for protocopyright protection. Commentators have also contested the historicity of one of the two narratives. But surprisingly little attention has been paid by trademark scholars to the companion holdings-—in the same texts-—that affirm Dürer’s right to prevent the use of his monogram on unauthorized reproductions.

This Article seeks to fill that gap by …

Copyright’S Law Of Dissemination, Jacob Noti-Victor

Cardozo Law Review

Intellectual property law generally rests on the assumption that markets will bring about an ideal allocation of resources. Nonetheless, United States copyright law remains riddled with regimes that bypass or restructure normal market licensing between copyright owners and distributors such as streaming services, radio stations, and libraries. This Article provides the first comprehensive account of this “law of dissemination,” examining how a range of seemingly unrelated judicial doctrines, statutory safe harbors, and regulatory institutions together affect the relationship between copyright owners and the entities that disseminate creative works to the public.

While these regimes are often treated as unintelligible historical …

The Right Of Publicity: A New Framework For Regulating Facial Recognition, Jason M. Schultz

Brooklyn Law Review

For over a century, the right of publicity (ROP) has protected individuals from unwanted commercial exploitation of their identities. Originating around the turn of the twentieth century in response to the newest image-appropriation technologies of the time, including portrait photography, mass-production packaging, and a ubiquitous printing press, the ROP has continued to evolve along with each new wave of technologies that enable companies to exploit peoples’ images and identities for commercial gain. Over time, the ROP has protected identities from misappropriation in photographs, films, advertisements, action figures, baseball cards, animatronic robots, video game avatars, and even digital resurrection in film …

Ip Protection For Love: Dating App’S Feuds And Foes, Meredith Williams

Journal of Intellectual Property Law

A new method of meeting others and dating online has emerged amid today’s age of technology. Online dating, now largely facilitated through apps, has grown exponentially since its genesis. With this growth, online dating services have sought intellectual property protection. This Note examines the patentability of dating app features, primarily the digital user interface through the backdrop of a recent dispute between Tinder and Bumble. It begins with a history of online dating and analysis of why apps have become a popular tool to launch a business. The Note then delves into a new dating app concept and accompanying patent …

Give Starving Artists A Piece Of The Ip Pie: Making Room At The Table For Performers’ Rights, Meagan A. Sharp

Journal of Intellectual Property Law

Creators protect their valuable intellectual property interests through copyright. Historically, stage performers struggled to secure copyright ownership in their performances within a larger production. As the theatre landscape changes, however, trends indicate that producers will increasingly rely on performers to develop characters and shows. This reliance could prove to be an exploitative practice if performers do not receive additional compensation for their part in creating successful works. This Note first examines the meanings of authorship, fixation, and control under the Copyright Act of 1976, then widens its lens to consider alternate interpretations of these technical terms in light of an …

Transparency Is The Best Policy: The Case For Georgia To Allow Access To The Source Code Of Proprietary Voting Software, Grace Repella

Journal of Intellectual Property Law

Within the past century, electronic voting systems have become common place. Most states hold their elections via electronic voting machines. These voting machines require software, and that software is built out of source code. Most states, including the state of Georgia, use voting machines with proprietary software made by private companies to run their elections. These companies have pushed back against access to the source code of their software because of intellectual property issues related to trade secret and copyright law. Nonetheless, states have an interest in guaranteeing their elections are not vulnerable to attack or hacking, and voters want …

Architectural Copyrights: The Eighth Circuit's Structurally Sound Interpretation Of 17 U.S.C. § 120, Hunter T. Payne

Journal of Intellectual Property Law

The Eighth Circuit expanded architectural copyright protection in Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., by interpreting § 17 U.S.C. 120(a) consistent with both its plain meaning and legislative intent. In doing so, the court took a pivotal step in protecting architects’ copyright interest in floorplans posted on virtual real estate websites without consent. The National Association of Realtors quickly took offense, declaring this an invitation to waves of litigation, hindering the current state of real estate transactions that often occur via websites like Zillow or Redfin. However, as highlighted by the Eighth Circuit, copyright fair use …

To "The" Or Not To "The"? The Question Has Been Answered: An Examination Of Trademark Bullying In The Context Of The Ohio State University's Recent Trademark Registration, Jennifer M. Danker

Journal of Intellectual Property Law

This Note examines the growing concern in the legal community around trademark bullying by specifically focusing on the registration of the word mark “THE” by The Ohio State University (“OSU”) and its potential for abuse and overreach in trademark enforcement. By carefully analyzing relevant legal precedent, statutory provisions, and USPTO administrative procedures, this Note critically considers the offered justifications for and likely consequences of the trademark’s registration.

By exploring the historical progression of trademark law, including its purpose and underlying principles, this Note provides a framework for evaluating the merits and potential concerns associated with the recent registration. Additionally, it …

From America Online To America, Online: Reassessing Section 230 Immunity In A New Internet Landscape, Madeleine E. Blair

Journal of Intellectual Property Law

In 1996, Congress passed the Communications Decency Act, a body of legislation aimed at regulating a nascent internet. Section 230 of the Act has become a subject of contention on both sides of the political aisle due to an immunity provision in the law barring private actions against online service providers for the conduct of those services’ users. Few lawsuits against online entities have survived this immunity provision. But two successful cases, Lemmon v. Snap, Inc. and A.M. v. Omegle.com, LLC, have used a products liability theory to overcome the limitation.

This Note examines Section 230 in light of these …

Rethinking "Reasonableness": Implementation Of A National Board To Clarify The Trade Secret Standard Now That The Work-From-Home Culture Has Changed The Rules, Hannah E. Brown

Journal of Intellectual Property Law

Under the federal Defend Trade Secrets Act (“DTSA”), almost any type of information can qualify as a trade secret but only if the owner has taken “reasonable measures” to keep such information secret. Under case law, what is “reasonable” varies and may differ based on the court, the company size, and the particular facts of each situation. The interpretation of what is “reasonable” must change with the times, specifically, to take into consideration the sharp increase in remote work that accompanied the COVID-19 pandemic. The rise in remote work necessarily means more servers accessing data and more remote transmission of …

Balancing The Inequities In Applying Natural Property Rights To Rights In Real Or Intellectual Property, Lolita Darden

Texas A&M Journal of Property Law

Eric Claeys’s book, Natural Property Rights, introduces a Lockean-based theory of interest-based natural property rights. Central to Claeys’s theory are the concepts of justified interests and productive use. A justified interest, Claeys writes, exists when an individual demonstrates a stronger interest in a resource than anyone else in the community and uses the resource productively in a manner that is “intelligent, purposeful, value-creating, . . . sociable,” and leads to survival or flourishing. Claeys’s theory demonstrates “how a standard justification for property gets implemented in practice” and how a community’s “goods” build on the individual’s goods.

Claeys’s community “goods” focus, …

Weisner V. Google Llc: An Effort To Provide Clarity Regarding Patent Subject Matter Eligibility, Poirot, Nicole

Santa Clara High Technology Law Journal

The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a precedential two-to-one decision regarding patent subject matter eligibility under section 101 of the Patent Act.1 In Weisner v. Google LLC, the Federal Circuit held that U.S. Patent Nos. 10,380,202 and 10,642,910 are directed to abstract ideas of creating digital travel logs which are patent ineligible.2 Additionally, the Court held that U.S. Patent Nos. 10,394,905 and 10,642,911 are directed to both creating and using travel logs to improve computerized search results and are potentially patenteligible.3 The majority’s decision is an attempt to clarify the historically gray …

Algorithmic Auditing: Chasing Ai Accountability, Goodman, Ellen P., Trehu, Julia

Santa Clara High Technology Law Journal

Calls for audits to expose and mitigate harms related to algorithmic decision systems are proliferating,3 and audit provisions are coming into force—notably in the E.U. Digital Services Act.4 In response to these growing concerns, research organizations working on technology accountability have called for ethics and/or human rights auditing of algorithms and an Artificial Intelligence (AI) audit industry is rapidly developing, signified by the consulting giants KPMG and Deloitte marketing their services.5 Algorithmic audits are a way to increase accountability for social media companies and to improve the governance of AI systems more generally. They can be elements of industry codes, …

The Nhk-Fintiv Rule: Patent Law’S Whack-A-Mole, Barbier, Janelle

Santa Clara High Technology Law Journal

Since their inception in 2013, inter partes review proceedings have steadily gained in popularity, killing patents at an astounding rate. It is no wonder that defendants flee to the PTAB when staring down costly patent infringement suits in federal court. But an IPR institution is not a right––it is at the sole discretion of the USPTO Director. And despite increased petitions for IPR over the past few years, institution rates have declined. The reason for fewer institutions seemingly lies with the PTAB’s decision to employ certain factors in determining whether public policy weighs against IPR institution. This precedential doctrine—known as …

The Future Of Healthcare Is Generic: Expanding Hatch-Waxman To Equitably Regulate The Healthcare Products Industry, George Encarnacion Jr.

DePaul Journal of Health Care Law

This article serves to address the statutory disconnect in the healthcare industry regarding generic products. There has been marked success in the generics market pertaining to pharmaceutical drugs, but the same cannot be said for medical devices and, in more recent times, biosimilars. The end result for consumers is higher product prices, limited access of care, and a more burdensome healthcare system. This article explores the statutory history of drug and medical device approval and production. It also explores differences between modern regulation of generic drugs and generic medical devices, focusing on key issues of FDA approval, consumer safety and …

The Old And New Divides Of Patent Law: From The Theory Of Antedation To Defining Immediately Envisageable Limited Classes, Condon, Eamon M.

Santa Clara High Technology Law Journal

Recently, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) ruled on a patent case involving the application of pre-America Invents Act (“AIA”) antedation and the issue of when a genus of compounds is narrowly limited enough to anticipate an individual compound found within the genus.1 On appeal, this case generally discussed why the claimant’s anticipation and obviousness claims failed.2

While the entire Federal Circuit decision will be discussed, this Comment will discuss in greater depth the reasons why antedation is no longer applicable under the AIA, and the implications of the Federal Circuit’s decision to not …