Articles

Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives

Published Mar 17, 2018

Abstract Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several… Read more

Dr. Strange Geo-Blocking Love Or: How The E.U. Learned To Stop Worrying About Cultural Integration And Love The TV Trade Barrier

Published Mar 17, 2018

Abstract The E.U. Antitrust Case that opened on July 23, 2015 against Sky U.K. and six American studios—Disney, Fox, NBCUniversal, Paramount Pictures, Sony and Warner Brothers—has its structural roots in the Television Without Frontiers Directive, which was vigorously debated as a last-minute standoff that threatened to derail the conclusion of the GATT Uruguay Round of trade negotiations and is… Read more

Adjusting The Dress Code: Implementing Trade Dress Reform to Burgeon User Experience (UX) Protections

Published Dec 5, 2017

Abstract This article addresses the fundamental gaps in intellectual property protections plaguing the User Experience (UX). UX is the field of focus on user interactivity with interface displays. Numerous mobile and computer applications—including Facebook, Snapchat, and Uber—blatantly engage in the copying of one another’s UX, with de minimis legal repercussion. An exception within trade dress, the sua sponte “UX Exception,”… Read more

Artificial Intelligence’s Fair Use Crisis

Published Dec 5, 2017

Abstract As automation supplants more forms of labor, creative expression still seems like a distinctly human enterprise. This may someday change: by ingesting works of authorship as “training data,” computer programs can teach themselves to write natural prose, compose music, and generate movies. Machine learning is an artificial intelligence (“AI”) technology with immense potential and a commensurate appetite for copyrighted… Read more

Blockchains, Orphan Works, and the Public Domain

Published Dec 5, 2017

Abstract This Article outlines a blockchain based system to solve the orphan works problem. Orphan works are works still ostensibly protected by copyright for which an author cannot be found. Orphan works represent a significant problem for the efficient dissemination of knowledge, since users cannot license the works, and as a result may choose not to use them. Our… Read more

None of Your Business: Protecting the Right to Write Anonymous Business Reviews Online

Published Jun 28, 2017

Abstract This Note analyzes the fine balance between First Amendment protection afforded to anonymous online business reviews and the state’s interest in removing false communications made about a business or business owner. Part I traces the development of anonymity as a protected First Amendment right and will also explain the rise of Internet speech and… Read more

Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to DeFang a Popular and Powerful Weapon Against Frivolous Litigation

Published Jun 28, 2017

Abstract For nearly thirty years, states have been adopting laws that attempt to stop rich, sophisticated parties from using costly litigation as a weapon to punish and silence their less-affluent critics. Known as “anti-SLAPP” statutes, these measures have been incredibly effective in forcing certain plaintiffs to bring forth evidence at an early stage of litigation… Read more

Authors’ Human Rights and Copyright Policy

Published Jun 28, 2017

Abstract Few would likely disagree with the observation made by Graeme Dinwoodie in this journal some seventeen years ago that “[i]t is increasingly impossible to analyze intellectual property law and policy without reference to international lawmaking.” International instruments influence the shape of domestic intellectual property law, and, in turn, have become vehicles for exporting domestic… Read more

Session I: Keynote Panel, Describing the Legal Landscape

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session I, the Keynote Panel of the Symposium, addressed the legal landscape of copyright treatises and free trade agreements, including the role of FTAs and their benefits and disadvantages, and… Read more

Session I: Keynote Panel, Describing the Legal Landscape

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session I, the Keynote Panel of the Symposium, addressed the legal landscape of copyright treatises and free trade agreements, including the role of FTAs and their benefits and disadvantages, and… Read more

Session II: Rigidity in Global Intellectual Property Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session III: Issues Concerning Enforcement and Dispute Resolution

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session III: Enforcement Tools in the U.S. Government Toolbox to Support Countries’ Compliance with Copyright Obligations

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session III: Issues Concerning Enforcement and Dispute Resolution

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

Session III: Issues Concerning Enforcement and Dispute Resolution

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

The Transactional Origins of Authors’ Copyright

Published Feb 17, 2017

Abstract One of the paradoxes of copyright history is that the Statute of Anne, which nominally recognized authors’ copyright for the first time, did not much change the day-to-day business of the Stationers who had previously enjoyed a virtual monopoly on the legal right to copy and who had also lobbied in support of the… Read more

Copy Write: The Author Survival Guide

Published Feb 17, 2017

This is a transcript of the 29th Annual Horace S. Manges Lecture, given by best-selling author Brad Meltzer on March 24, 2016, about his time at Columbia Law School and the importance of doing what you love.

Regulatory Property: The New IP

Published Dec 14, 2016

Abstract For almost thirty years, a new form of intellectual property has grown up quietly beneath the surface of societal observation. It is a set of government-granted rights that have the quintessential characteristic of intellectual property and other forms of property—that is, the right to exclude others from the territory.1 Beginning with a small piece… Read more

From Meerkat to Periscope: Does Intellectual Property Law Prohibit the Live Streaming of Commercial Sporting Events?

Published Jun 26, 2016

Abstract On February 27, 2015, San Francisco entrepreneur Ben Rubin announced the launch of his live streaming video application, Meerkat. Named after “the cute but carnivorous mongoose native to Africa,” Meerkat allows users to upload video footage from smartphones to the Internet for worldwide, instantaneous viewing. In the weeks following Meerkat’s launch, Twitter unveiled a… Read more

“Defamation Live”: The Confusing Legal Landscape of Republication in Live Broadcasting

Published Jun 26, 2016

Abstract Live, broadcast defamation is a murky area of law garnering surprisingly scant scholarly attention. But because libel law typically creates republication liability for broadcasters who air defamatory statements uttered by third parties—even when news organizations have no idea what the third parties are about to say— broadcasters covering live, breaking news events face significant… Read more

Fair Use and the New Transformative

Published Jun 26, 2016

Abstract In the eyes of many, the “transformative” subfactor of the fair use analysis is expanding. Recent decisions such as Cariou v. Prince, Seltzer v. Green Day, and the Google Books line of cases have allegedly pushed the doctrine into new and problematic territory. Given the subfactor’s power in the aggregate fair use analysis and… Read more