Landslide® September/October 2020

Features

Intellectual Property

Questions for Senator Thom Tillis

A conversation with Kira M. Alvarez

Senator Tillis shares some of the goals of the Subcommittee on Intellectual Property, thoughts on how COVID-19 is impacting innovation, and top action items needed to stop online piracy and counterfeiting.

Entertainment & Sports

What They Do for a Living: The Right of Publicity in Video Games and Movies

Robert C. Cumbow

Explore recent developments in right of publicity jurisprudence and consider why similar cases have yielded differing results.

Entertainment & Sports

The Right to Do It for the ’Gram

Ramela Ohanian

Social media is a prevalent part of our everyday lives. It is also a breeding ground for lawsuits.

Internet

Combating Internet Trolls: The Right of Publicity and Section 230

Jess Miers and Brian L. Frye

Section 230 protects websites from liability for user-generated content with an exception for intellectual property. Could plaintiffs use the right of publicity to avoid § 230?

Legal Education

Legal Education: A Call to Action

Megan M. Carpenter

The field of intellectual property presents an opportunity to develop legal education programs that reflect a changing reality for both the legal services industry and the modern economy.

Diversity & Inclusion

Diversity in Patent Law: A Data Analysis of Diversity in the Patent Practice by Technology Background and Region

Elaine Spector and LaTia Brand

The practice of law remains one of the least diverse professions in America. A data analysis of diversity in the patent practice reveals even grimmer statistics.

Features

Intellectual Property

No Rewind Button: Legal Pitfalls of Machine Learning Systems

Steven Carlson and Roger Bodamer

Machine learning systems differ from conventional databases because it may be impossible to remove ill-gotten data. Companies need to be careful what they ingest.

Copyright

A Seventh Amendment Right to Fair Use Determinations?

Justin Hughes

Reviewing pre-1791 copyright cases against the U.S. Supreme Court’s Seventh Amendment analytic framework, consider whether there is or should be a right to jury determination of modern fair use.

Patents

Should the Federal Circuit’s “Actual Notice” Test for Presuit Patent Damages Be on the Supreme Court’s Chopping Block?

Mark Supko and Siri Rao

In recent years, the U.S. Supreme Court has rejected a number of the Federal Circuit’s legal standards as going beyond the requirements of the Patent Act. Could (or should) actual notice be next?

Columns

Intellectual Property

Two Big Questions—Always New Answers

Matthew Hintz

A message from the Landslide® magazine editor-in-chief.

Copyright

Thorny Copyright Issues—Development on the Horizon?

June M. Besek

A message from the ABA-IPL chair.

Departments

Patents

Ten Years Since Bilski: Challenges Remain in Deciding Patent Eligibility of Computer-Implemented Inventions in the Emerging Technologies Space

C. Brandon Rash and Brooks J. Kenyon

Emerging technology companies should understand how to prosecute computer-related patents so that they are eligible under the USPTO guidelines and can hold up in litigation under the current case law.

Intellectual Property

Decisions in Brief

John C. Gatz

Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.

American Bar Association TM American Bar Association

Landslide® September/October 2020

What’s in a Name, Likeness, and Image? The Case for a Federal Right of Publicity Law

IP Fall Institute

Features

Questions for Senator Thom Tillis

What They Do for a Living: The Right of Publicity in Video Games and Movies

The Right to Do It for the ’Gram

Combating Internet Trolls: The Right of Publicity and Section 230

Legal Education: A Call to Action

Diversity in Patent Law: A Data Analysis of Diversity in the Patent Practice by Technology Background and Region

Landslide Webinar Series

Features

No Rewind Button: Legal Pitfalls of Machine Learning Systems

A Seventh Amendment Right to Fair Use Determinations?

Should the Federal Circuit’s “Actual Notice” Test for Presuit Patent Damages Be on the Supreme Court’s Chopping Block?

Columns

Two Big Questions—Always New Answers

Thorny Copyright Issues—Development on the Horizon?

Departments

Ten Years Since Bilski: Challenges Remain in Deciding Patent Eligibility of Computer-Implemented Inventions in the Emerging Technologies Space

Decisions in Brief