Category Archives: Intellectual Property

‘EU Copyright Reform, Fundamental Rights and Life as CJEU Judge at the ERA Copyright Conference’

“This Kat had the pleasure of attending the ERA annual Conference on EU Copyright Law in Trier on the 22nd and 23rd November. The event involved two days of discussions focused on EU copyright reform as well as the interplay between copyright and fundamental rights from prolific speakers. If you couldn’t make it, here are […]

Gürkaynak, Yılmaz, Yeşilaltay and Bengi, ‘Intellectual Property Law and Practice in the Blockchain Realm’

Abstract Blockchain technology is claimed to be and perceived as one of the revolutionary technologies that will have an enormous impact on our lives in the forthcoming years and decades. The legal questions surrounding blockchain appear to be among the most controversial issues surrounding this novel technology, which create uncertainties as to the scope and […]

Pompeo Polito, ‘The Protection of Our Image: Between the Right to One’s Own Image and the Right of Publicity’

Abstract Through an analysis of the privacy right of publicity (or ‘personality rights’) in the American legal system and the right to one’s own image in the Italian legal system, the author demonstrates the strict analogies that exist between these legal institutions, despite the differences in their origins. Pompeo Polito, ‘The Protection of Our Image: […]

Kevin O’Sullivan, ‘Copyright and Internet Service Provider “Liability”: The Emerging Realpolitik of Intermediary Obligations’

Abstract Online service providers are increasingly the focus of renewed efforts to enforce copyright online in the European Union (EU). Traditionally, these providers benefitted from safe-harbour immunity to the extent that their role in assisting online enforcement was relatively minimal. In light of recent proposals for reform, and the spread of the ‘blocking injunction’ in […]

Andrew Gilden, ‘Copyright’s Market Gibberish’

Abstract There is a growing contradiction at the core of copyright law. Although courts and scholars frequently assert that copyright is only about authors’ economic interests, copyright law routinely protects interests such as privacy, sexual autonomy, reputation, and psychological well-being. It just uses the language of money and markets to do so. This Article shows […]

‘Revenge porn: … still no IP rights in sight’

“Revenge porn is sometimes mentioned in textbooks and commentary as the typical case of private production gone wrong, for which IP rights would prove useful not so much for incentivising the commercial dissemination of the ‘work’ but, rather, for its taking down. Such a scenario would certainly make for an interesting IP case, testing the […]

‘Copyright and the Single Work’

Amy Adler, Why Art Does Not Need Copyright, 86 George Washington Law Review 313 (2018). A photograph taken by Walker Evans is worth more – both in the market and in the eyes of critics – than a virtually identical photograph taken by an unknown artist, just as a handbag bearing the name Prada is […]

Carys Craig, ‘Critical Copyright Law and the Politics of “IP”’

Abstract Since its explosion late in the twentieth century, the field of intellectual property scholarship has been a vibrant site for critical legal theorizing. Indeed, it is arguable that US-based intellectual property scholarship effectively generated a resurgence or ‘second wave’ of Critical Legal Studies. Exploring critical engagement with the very idea of ‘intellectual property’ and […]

Doris Estelle Long, ‘Copyright Reform in the 21st Century: Adding Privacy Considerations into the Normative Mix’

Abstract The new technology of the ‘Digital Age’ has led to the creation of potentially new copyrightable forms of works and new methods of distribution that do not automatically fit within existing paradigms based on a hard-goods world. As a result, copyright reform efforts are underway in jurisdictions as diverse as Australia, China, New Zealand, […]

‘Legally Speaking: Questioning A New Intellectual Property Right For Press Publishers’

“Should European press publishers be granted a new intellectual property (IP) right as to online uses of their journalistic contents? These publishers have long had both copyright and sui generis database IP protection for these contents. Yet the European Commission, Council, and Parliament have been convinced that only by granting the new IP right will […]