Category Archives: Intellectual Property

‘Book review: The Innovation Society and Intellectual Property

“This Kat is very glad to add The Innovation Society and Intellectual Property to her EIPIN collection – a book series carried out under the auspices of The European Intellectual Property Institutes Network (EIPIN). This latest volume is edited by Prof Josef Drexl (Max Planck Institute for Innovation and Competition) and Prof Anselm Kamperman Sanders […]

Jessica Silbey, ‘Intellectual Property Harms: A Paradigm for the Twenty-First Century’

ABSTRACT This symposium essay is dedicated to Wendy Gordon and was part of a conference in June 2020 at Boston University School of Law celebrating her contributions to the field of intellectual property. This short essay is part of a larger book project that investigates how contemporary intellectual property debates, especially in the digital age, […]

Kelsey Farish, ‘Do deepfakes pose a golden opportunity? Considering whether English law should adopt California’s publicity right in the age of the deepfake’

INTRODUCTION The earliest deepfake videos to gain notoriety were those featuring famous actresses, whose faces had been superimposed onto the bodies of pornographic performers. The technology has since spread rapidly beyond the adult entertainment industry, and there is growing concern over the ways in which deepfakes may be used to extort, intimidate, humiliate or defame. […]

Christopher Yoo, ‘Self-Actualization and the Need to Create as a Limit on Copyright’

ABSTRACT Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts. This Chapter argues that the conventional […]

‘Chinese court rules that AI article has copyright’

“A court in the Chinese city of Shenzen has decided that an article that was written by an artificial intelligence program has copyright protection. The article was written by Tencent’s Dreamwriter AI Writing Robot, an internal code at the Chinese tech giant that produces half a million articles per year in subjects such as weather, […]

Andrew Tyner, ‘The EU Copyright Directive: “Fit For The Digital Age” or Finishing It?’

ABSTRACT Since its proposal in 2016, the Directive of the European Parliament and of the Council on Copyright in the Digital Single Market (‘the Directive’ or ‘the Copyright Directive’) has been controversial. While the Directive was rooted in good intentions, intended to ‘improv[e] the bargaining position … and the control rightsholders have on the use […]

‘An Infringement of IP Rights that is also a Breach of Contract is still an Infringement of IP Rights’

“The distinction between liability in tort and for contractual breach can have various implications, depending upon the jurisdiction. For example, the statute of limitations, the available remedies, the procedural rules or the calculation of the financial compensation, may all differ as between these two heads of liability. A week before Christmas, the Court of Justice […]

Ouellette and Tutt, ‘How Do Patent Incentives Affect University Researchers?’

ABSTRACT Universities and other beneficiaries of public funding for scientific research are encouraged to patent resulting inventions under the Bayh–Dole Act. This controversial framework gives academic grant recipients a direct financial stake in the success of their inventions by requiring universities to share the resulting patent royalties with inventors. This incentive for grant recipients might […]

Justine Pila, ‘Property in Human Genetic Material: An Old Legal Question for a New Technological Age’

ABSTRACT This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects […]

Terry Kogan, ‘How Photographs Infringe’

ABSTRACT Courts and commentators have lavished attention on the question of what makes a photograph original and entitled to copyright protection. Far less attention has been devoted to the issue of how photographs infringe. This is the first Article to systematically explore the different ways in which a photograph can steal intellectual property. Photographs can […]