Has AI Killed the Copyright Star?

For over 300 years, copyright law has been central to innovation and design, protecting artists, innovators, and creators. Rapid technological development over the past few decades has necessitated new interpretations and applications of the law in order to maintain this function. Although complex in application, the copyright framework has managed to integrate these new technologies. Fast-developing Artificial Intelligence (AI), however, poses a challenge to the protective dimension of copyright law.   The digitally-driven.. Read More

Inclusion Riders: What Are They? And Can They Fix Hollywood’s Diversity Problem?

With the rise of the #MeToo movement and the Time’s Up initiative, Hollywood is beginning to truly reflect on the problems within the entertainment community.  Diversity, or the lack thereof, has been a long running issue in Hollywood and is finding itself in the spotlight once more. In her acceptance speech for the Best Actress Award at the Oscars, Frances McDormand puzzled the audience when she left them with the words “inclusion rider”,.. Read More

Sandoz Inc. v. Amgen Inc. and Its Implications

Background of the Case:   Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”), which is codified in 42 U.S.C. § 262. The BPCIA is quite similar to the Drug Price Competition and Patent Term Restoration Act of 1984, also known as the Hatch-Waxman Amendments which created procedures to facilitate more.. Read More

Review: New York Right of Publicity Law: Reimagining Privacy and the First Amendment in the Digital Age

New York has largely been operating under the same right of privacy statute since 1903. Over a century later, the New York State legislature has decided that it is time to make a big change.   A new bill, Assembly Bill A08155, is currently being drafted and considered by the New York legislature. The bill was the center of conversation at an event hosted by the Cardozo Arts and Entertainment Law Journal on.. Read More

The Bayh-Dole Act Has Been Successful in Stimulating a Market for Federally Funded Inventions, Now It’s Time to Bring Those Inventions to the Public

The federal government has proved to be ineffective at bringing publically funded discoveries to the public. The Bayh-Dole Act of the 1980’s was intended to maximize the public’s return on federally funded research by getting inventions into the hands of companies to bring them to the market (for a general introduction). The goal was to maximize the public’s return on our investments by placing IP rights in the hands of Research institutions, who.. Read More

Sports Gambling: The Anti-Commandeering Argument Against PASPA

Background Information   In 1992, Congress passed PASPA amid concerns that the legalization of sports gambling at the State level would spread. This legislation prohibited most States from licensing sports gambling. Professional and Amateur Sports Protection Act, 28 U.S.C. §§ 3704 (1993). In 2012, the New Jersey State legislature enacted New Jersey’s Sports Wagering Law, permitting State authorities to license “sports gambling in casinos and racetracks and casinos to operate ‘sports pools.’” NCAA.. Read More

Murphy v. NCAA: The Case that Could Transform Sports Betting Across the Nation

The fight for widespread legalization of sports betting in this country received a huge boost this past June when the Supreme Court, to the surprise of many and over the objection of the Solicitor General, agreed to hear New Jersey’s lawsuit. Murphy v. NCAA, formerly Christie v. NCAA, is set to be decided in the near future. The judges’ decision to hear the case, and the sentiments of many of the judges during.. Read More

Impression Prods. v. Lexmark Int’l and it’s potential implications in IP law

Impression Prods. v. Lexmark Int’l is a Supreme Court case decided this term that played its part in continuing to reshape IP law in 2017. In the decision, the Supreme Court considered two questions. First, whether a “conditional sale” that transfers title to the patented item while specifying post-sale restrictions on the article’s use or resale avoids application of the patent exhaustion doctrine and therefore permits the enforcement of such post-sale restrictions through.. Read More

How Should Spotify Compensate Songwriters?

How Should Spotify Compensate Songwriters?   In July 2017, Spotify was sued by songwriter Robert Gaudio and Bluewater Music Services Corporation, a music publisher responsible for ensuring songwriters receive payments when their compositions are used commercially. Gaudio and Bluewater alleged that Spotify committed willful copyright infringement by streaming their songs without acquiring mechanical licenses and paying royalties to the songwriters. Recorded songs involve two separate sets of copyrights: song composition rights owned by.. Read More

ResearchGate and Copyright Violations

Authors and publishers have different goals when it comes to the availability of their work, which can result in conflict that manifests itself in copyright issues. Specifically, when it comes to research, researchers want to share their discoveries; it is a great accomplishment to be published and to have one’s work viewed and sited by a greater number of people. However, publishers’ goals are more solely based on making money, so they often.. Read More