Crime and Punishment: Holding Russia Accountable for Weakening Foreign Entities’ Intellectual Property Rights
Eliot Usherenko The Russian government has deliberately weakened intellectual property right protections for entities from “unfriendly countries.” Following Moscow’s invasion of Ukraine and the subsequent imposition of economic sanctions by the United States and its allies, the Kremlin launched policies targeting Western businesses as they withdrew from the Russian market. This Article analyzes three potential recourses—bilateral, multilateral, and non-governmental—impacted corporations and individuals could execute to hold Russia accountable for its discriminatory treatment. This Article argues that corporations should form partnerships with their respective governments to promote intergovernmental dialogue through mechanisms such as treaties, as well as undertake litigation in Russia’s...
Digital Art Says: Protect Our “Groove” Too
Annie Kim Digital technology has become one of the most common methods artists use to create art. This advancement in technology causes many copyright difficulties, especially related to artists’ styles. Standardized and common features of digital software have made it far too easy for people to duplicate other people’s work, and more significantly, an artist’s unique style. Current copyright laws are insufficient to address these issues, and there is almost no legal precedent related to protecting an artist’s “art style.” In a groundbreaking case, Williams v. Gaye, the court implemented a two-part test to imply protection for musical styles, the...
Lord of the Gadflies: Dispelling Confusion over Celebrity Likeness by Applying the Right of Publicity to Commercial Speech on Social Media
Nicholas Turgiss Celebrities have increasingly used social media to market themselves. This trend has given rise to confusion as to the extent of a celebrity’s right over their own likeness. This article discusses the right of publicity and argues that because celebrity social media accounts have significant commercial aspects, celebrities’ likenesses on those accounts should receive protective commercial speech interests. This article also urges courts to recognize these protective interests in celebrity social media accounts and provide additional protection to smaller social media influencers from the appropriation of their own likenesses. Read Full Text Here
Videogame Broadcasting: Exploring a Growing Industry’s Struggle with Copyright Claims
Zachary Greenberg In the videogame industry, tournament play is crucial for game publishers in creating a loyal fan base. Tournament play has spurred the development of third-party markets including streaming, commentary, and “modding”—creating complementary software for existing games. This essay will examine the intertwined industries of videogames and streaming tournaments, and their turbulent relationship with copyright law through a case study of Super Smash Bros. Melee. In addition to exploring Nintendo’s valid claims for protection under copyright law, this essay will analyze possible solutions to streaming copyright violations utilizing the fair use defense, including wider industry changes like implementing mechanical...
Mind over Data: A Case for Increased Privacy Protections in Mobile Mental Health Apps
Marian Lemont As mobile mental health apps gain popularity as an emotional support alternative, privacy concerns regarding how consumers’ sensitive health data is handled are at an all-time high. Current federal privacy provisions provide insufficient consumer protection and thus render consumers’ sensitive information vulnerable to unwanted third-party sharing practices. The recently passed California Privacy Rights Act of 2020 (CPRA) includes new provisions governing businesses’ handling and deletion of sensitive user data. This article discusses how these new CPRA provisions provide a helpful framework to begin addressing this regulatory gap and identifies ways future privacy legislation can continue to strengthen mobile...
Cannabis and Patent Law: Lessons from a Canadian Cannabis Case Study
Katherine Minorini Cannabis is illegal under federal law in the United States, yet individual states have legalized it for both medicinal and recreational use. Additionally, the United States Patent and Trademark Office (USPTO) routinely issues patents for cannabis-related inventions despite the drug’s federal prohibition. As the prospect of federal legalization becomes more likely, patent protection will play a crucial role in the budding cannabis market. By evaluating Canada’s legal cannabis system, this Essay identifies lessons the United States can take from the Canadian legalization framework. Ultimately, this Essay asserts that the United States should take quick action and legalize cannabis...
Take the © Train: Why a Musician’s Creative Process Should Be Considered in Music Copyright Litigation
Patricia Rezac Music copyright litigation remains fixated on evaluating basic compositional elements such as pitch, rhythm, and lyrics. Yet, as seen in Tempo Music, Inc. v. Famous Music Corp., courts may often benefit from closely examining a musician’s creative process. By focusing on a musician’s creative process in addition to traditional standards for originality, courts could more effectively determine whether or not a musician has violated a copyright protection. This method would reduce technical complications arising from music copyright claims, create appropriate standards across genres, and introduce a potential solution for copyright issues in the age of digital music. Read Full...
The Great Equalizer: Education or Technology?
Amy Lobue This Essay evaluates the structure of technology funding in education and how it has impacted students’ access to quality instruction throughout the COVID-19 pandemic. As access to education throughout the pandemic depended on students’ and schools’ abilities to procure access to connected devices, some students were left with minimal to no instruction. Further, the pandemic sheds light on the existing technology access inequities that trace the lines between socioeconomic classes. First, technology access is defined as a two-fold issue: access to the internet, and access to devices other than smartphones. This Essay presents the current federal funding structure...
A Welcome Limit on Design Patent Protection: Curver Luxembourg, Sarl v. Home Expressions
Casey Houlton In 2019, the United States Court of Appeals for the Federal Circuit addressed the scope of design patent law in Curver Luxembourg, SARL v. Home Expressions. The court held that a design patent must be limited to a particular article of manufacture. As such, claim language may be used to limit the scope of a design patent to a particular article of manufacture if an article is not specified in the claim’s figures. Although the court’s failure to define an article of manufacture may result in some difficulties with Curver’s application, the court’s decision is consistent with the...
Resolving US-China IP Disputes Through the WTO: A Legal Alternative to Unilateral Sanctions
Stephen Garvey This article examines the United States’ ongoing trade dispute with China regarding Chinese abuses of American intellectual property rights. The U.S. has filed both a complaint against China before the WTO for violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”), and simultaneously imposed a series of unilateral sanctions on Chinese goods, in violation of the WTO Marrakesh Agreement. Imposing illegal sanctions while seeking redress from the WTO undermines the legitimacy of the U.S.’ claims and has provoked retaliatory tariffs. As the TRIPS agreement comprehensively covers the dispute in question, the U.S. should scale...