Category Archives: Intellectual Property
Dou and Cao, ‘The Solution to Copyright Abuse in the Era of Artificial Intelligence In China’
ABSTRACT The era of artificial intelligence is like a ‘double-edged sword’ for copyright, which facilitates the authors and the society. If the rights are not restricted, it is easy to produce the copyright abuse crisis. Age of artificial intelligence different areas in copyright abuse problem is obvious, but also have different voice, we need to […]
Vacca and Bartow, ‘Copyright Law: Never Bet Against the House … or Senate’
ABSTRACT Justice Ruth Bader Ginsburg heard and decided many copyright law cases during her tenure on the Supreme Court and DC Circuit benches, many of great importance. Surprisingly, given her progressive approach towards social justice issues, she did not predictably side with the underdog in copyright disputes. This chapter undertakes a holistic evaluation of Ginsburg’s […]
Lisa Macklem, ‘Another Balancing Act: Is Artificial Intelligence a Creative Catastrophe or an Artistic Asset?’
ABSTRACT Artificial Intelligence continues to be a contentious and multi-faceted legal issue. Numerous authors and artists have launched cases against generative AI claiming infringement . On the other side of the issue, creators using AI have launched their own cases seeking copyright protection for their works. First, it is instructive to look at some of […]
Zachary Cooper, ‘The AI Authorship Distraction: Why Copyright Should Not Be Dichotomised Based on Generative AI Use’
ABSTRACT In both Europe and the United States, courts seek to deny copyright to works developed with Generative AI (GAI) tools, in an effort to maintain the functionality of the status quo. No decision could be more radical – namely, to create a dichotomy of rights between otherwise identical works. GAI tools are being widely […]
Jeong-Yoo Kim, ‘Seller Liability versus Platform Liability: Optimal Liability Rule and Law Enforcement in the Platform Economy’
ABSTRACT In this paper, we examine whether the platform as well as the sellers violating the intellectual property right (IPR) should be liable. We first show that platform liability is socially better if the number of potential victims is very large. This is mainly due to the general enforcement effect of the platform’s monitoring activity. […]
‘Why the Data Wall and the Advance of Quantum Computing Matter to Copyright Lawyers’
Large language models are built on scale. The bigger they are, the better they perform. The appetite for letters of these omnivorous readers is insatiable, so their literary diet must grow steadily if AI is to live up to its promise. If Samuel Johnson, in one of his famous Ramblers of 1751, grumbled about the […]
Jeremy Sheff, ‘Dividing Trademark Use’
ABSTRACT The trademark law of the United States places special emphasis on whether and how a trademark is used in commerce. But over the long history of the Lanham Act – including some less-than-careful drafting by Congress and some aggressive acts of interpretation by the federal courts – the concept of ‘use’ has become complicated […]
‘A short history of the Copyright Wars’
In a previous post we provided the background of what some call the Copyright Wars, delineating the sides and the parties. While legal conflicts about copyright have been raging since its inception, this post will only cover the modern conflicts that arose after the Internet came into being. This short narrative is centred around online […]
Kristelia García, ‘Selective Enforcement’
ABSTRACT Private rights holders frequently engage in selective enforcement-that is, they elect to enforce against some wrongdoers, and not to enforce against others, under different, or even under similar, circumstances. The conventional wisdom assumes that when we observe enforcement, there has been an economic loss, whereas when we observe nonenforcement, there either hasn’t been an […]
‘Property (Digital Assets etc) bill introduced into Parliament’
The Government has today introduced the Property (Digital Assets etc) Bill into Parliament. The Bill enacts the recommendations of the Law Commission of England and Wales. Its effect is to confirm the existence of a third category of personal property, into which crypto-tokens and other assets could fall. The Bill is available here and has […]