Tag Archives: copyright

IPSC: Copyright Fair Use and User Rights/Trademark IV

Posted on August 8, 2025 by rtushnet

Copyright Fair Use and User Rights Stav Zeitouni, UC Berkeley School of Law, A Theory of Noncommerciality in Fair Use Lots of incoherent concepts—Hachette v. Internet Archive is example where dct used “failed to pay the customary price,” but ct … Continue reading →

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IPSC: TM III/Music

Posted on August 7, 2025 by rtushnet

Trademark III Graeme B. Dinwoodie, Chicago–Kent College of Law – Illinois Institute of Technology, Not Just the Gutting of Rogers: A Window into Modern Trademark Challenges Defenses developed much more seriously in the US than in Europe. Rogers was an … Continue reading →

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IPSC: TM II/(c) II

Posted on August 7, 2025 by rtushnet

Trademark II Mary Catherine Amerine, The George Washington University Law School, Mind the Gap: How Brand Gimmicks Have Made Infinite the Zone of Expansion Doritos x Empirical alcohol: on shelves for three years. Tesla mezcal. Le Moutarde Vin wine cobranded … Continue reading →

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IPSC: TM I/(c) I

Posted on August 7, 2025 by rtushnet

IPSC, DePaul Trademark I Stacey Dogan, Boston University School of Law, Hollywood’s Trademark Law Courts seem to be treating classically expressive uses, including titles of movies, as source-indicating; Kagan didn’t seem to intend this result and courts should be more … Continue reading →

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AI voice cloning opinion narrows claims to ROP, rejecting TM and (most) copyright theories

Posted on July 21, 2025 by rtushnet

Lehrman v. Lovo, Inc., — F.Supp.3d —-, 2025 WL 1902547, 24-CV-3770 (JPO) (S.D.N.Y. Jul. 10, 2025) Plaintiffs alleged that Lovo misled them about its use of their voices, using AI to synthesize and sell unauthorized “clones” of their voices. They … Continue reading →

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Amicus brief on CMI removal in Doe v. Github

Posted on July 21, 2025 by rtushnet

 With Jennifer Urban, Erik Stallman, and Pam Samuelson, I’m happy to have worked on this amicus brief discussing the text, history, and structure of 1202. from Blogger http://tushnet.blogspot.com/2025/07/amicus-brief-on-cmi-removal-in-doe-v.html

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The Battle for Our Attention: Empirical, Philosophical and Legal Questions: Northeastern University School of Law

Posted on April 11, 2025 by rtushnet

 Panel 3 – Media and Communication Systems for Attention Capture  This panel will address how different fields, from media studies to economics, think about attention, how it is captured and valued. Do different types of media (political news, advertisements, sexual … Continue reading →

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Reading list: Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study

Posted on April 3, 2025 by rtushnet

Unveiling the Bond Between Artists and Their Work: A Vignette Study 38 Pages Posted: 12 Feb 2025 Last revised: 19 Feb 2025 Margaritha Windisch Date Written: January 31, 2025 Abstract This paper empirically measures the bond between artists and their … Continue reading →

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game spat expands beyond false advertising to TM and (c)

Posted on February 17, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 438387, 24cv1646(DLC) (S.D.N.Y. Feb. 7, 2025) Previous discussion. Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Papaya counterclaimed for the same causes of action and added … Continue reading →

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WIPIP: Copyright: Incentives and the Digital Age

Posted on February 1, 2025 by rtushnet

Tang, Creative Labor in the Age of Platform Capitalism Theories of expressive work and creativity: lead to idea that AI training itself is not a © problem b/c it doesn’t use work expressively. Past idea: digital creativity enhances autonomy by … Continue reading →

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