Copyright Law

Haute Mess: Murky Fashion Copyright Law and a New Period of Pro-Designer Jurisprudence

Julia A. Harrison

Abstract Fashion copyright jurisprudence has left unclear standards for the copyrightability of fashion designs. As fashion lies at the intersection of functionality and design, courts have struggled to set bright lines for determining the copyrightability of fashion articles. This ambiguity perpetuates the use of inconsistent standards among courts, leading to periods of leniency and stringency […]

Staking the Boundaries of Software Copyrights in the Shadow of Patents

Pamela Samuelson

Abstract Ever since the venerable Supreme Court opinion in Baker v. Selden, courts and commentators have overwhelmingly endorsed the rule that copyright and utility patent protections for intellectual creations are mutually exclusive. That is, an intellectual creation may be eligible for copyright or utility patent protection, but not both. Original works of authorship are channeled […]

What if Artificial Intelligence Wrote This? Artificial Intelligence and Copyright Law

Victor M. Palace

Abstract The increasing sophistication and proliferation of artificial intelligence has given rise to a provoking question in copyright law: Who is the copyright owner of a work created by autonomous artificial intelligence? In other words, when a machine learns, thinks, and acts without human input, and it creates a work, what person should own the […]

Clark S. Splichal, Recent Development: Craigslist and the CFAA: The Untold Story

Craigslist Inc. v. 3Taps Inc., 942 F. Supp. 2d 962 (N.D. Cal. 2013) Craisglist Inc. v. 3Taps Inc., 964 F. Supp. 2d 1178 (N.D. Cal. 2013) There is one area in which Craigslist Inc. appears particularly invested these days: its legal bills. Notoriously cutthroat, this online classified marketplace has steadfastly clung to its bare-boned business […]

Sonja Wolf Sahlsten, I'm a Little Treepot: Conceptual Separability and Affording Copyright Protection to Useful Articles

To determine if a useful article—generally ineligible for copyright protection—has pictorial, graphic, or sculptural features that are copyrightable, the Copyright Act and the legislative intent expressed through the Act’s legislative history require that those artistic features be identified separately and capable of existing independently of the utilitarian function of the work. If the artistic features […]

Irina D. Manta, The High Cost of Low Sanctions

Low sanctions can initially appear to be a mitigating factor for unjust or inefficient laws, but this perception is likely wrong. This Article argues that low sanctions may have a pernicious effect on the democratic process and on legislative rule making because, as both public choice theory and historical precedent suggest, the laws accompanying these […]