Tag Archives: copyright

Recommended reading: Jessica Litman, Authorship Nonsense

Posted on August 21, 2025 by rtushnet

 Read it here. Abstract: Copyright law’s primary device for promoting progress is to bestow rights on the authors of works. Rights vest automatically and last for a very long time. Authors’ choices to retain, license, or transfer those rights fuel … Continue reading →

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New article: History and Tradition in First Amendment Intellectual Property Cases: A Critique

Posted on August 11, 2025 by rtushnet

 Preprint available here. Abstract There are indications that the “history and tradition” approach the Supreme Court applied to gun rights and abortion restrictions may be coming for First Amendment doctrine. In intellectual property cases, it already has, with the Court using historical … Continue reading →

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IPSC: Closing plenary: DOGE; the First Amendment (me!); and the 50th anniversary of the Copyright Act

Posted on August 8, 2025 by rtushnet

David Schwartz (Northwestern Pritzker School of Law), Christopher Cotropia (The George Washington University Law School), DOGE Days at the USPTO? Evidence from a Natural Experiment in Administrative Reform PTO provides some employees w/union protections and others not. As soon as … Continue reading →

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IPSC: Comparative & International IP

Posted on August 8, 2025 by rtushnet

Karen Sandrik, Marquette University Law School, Cultural Legacies and Innovation Barriers: Comparative Lessons from Post–Soviet Research Institutions for American Innovation Policy Slovakia: Comenius U press release about first official patent sold/assigned by a Slovak university. They spent a year negotiating … Continue reading →

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IPSC: Copyright Enforcement

Posted on August 8, 2025 by rtushnet

Thomas H. Rousse, Northwestern Pritzker School of Law, Open Licensing, Hidden Costs: Survey Experiment Insights On Creative Commons and Copyright Infringement Pragmatist; experience as journalist with taking a photo, licensing it via CC, and seeing it widely reused without credit … Continue reading →

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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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