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Fordham Intellectual Property, Media & Entertainment Law Journal

Updated 7 days ago

Education
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The Fordham Intellectual Property, Media, & Entertainment Law Journal (IPLJ) Podcast explores interesting legal topics in copyright, trademark, and patent law, while tackling hot topics in entertainment and media.

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The Fordham Intellectual Property, Media, & Entertainment Law Journal (IPLJ) Podcast explores interesting legal topics in copyright, trademark, and patent law, while tackling hot topics in entertainment and media.

iTunes Ratings

6 Ratings
Average Ratings
5
1
0
0
0

Blockchain!!!

By Johndag - Nov 15 2017
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I just listened to my first podcast on your “station” about Blockchain technology. Great insight on the subject. The interviewer really delved into some great material with the attorneys.

Shining the Light on Intellectual Property Law

By tonyz93 - Oct 29 2016
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Fantastic podcast! Manages to parse through complex legal doctrines in a straightforward and light manner. Topics range from copyright, trademark, advertising law, privacy concerns, and other nuanced areas of the law. Additionally, the conversational feel of the podcast makes it very accessible to all listeners. Keep up the great work Fordham IPLJ!

iTunes Ratings

6 Ratings
Average Ratings
5
1
0
0
0

Blockchain!!!

By Johndag - Nov 15 2017
Read more
I just listened to my first podcast on your “station” about Blockchain technology. Great insight on the subject. The interviewer really delved into some great material with the attorneys.

Shining the Light on Intellectual Property Law

By tonyz93 - Oct 29 2016
Read more
Fantastic podcast! Manages to parse through complex legal doctrines in a straightforward and light manner. Topics range from copyright, trademark, advertising law, privacy concerns, and other nuanced areas of the law. Additionally, the conversational feel of the podcast makes it very accessible to all listeners. Keep up the great work Fordham IPLJ!
Cover image of Fordham Intellectual Property, Media & Entertainment Law Journal

Fordham Intellectual Property, Media & Entertainment Law Journal

Latest release on May 23, 2019

The Best Episodes Ranked Using User Listens

Updated by OwlTail 7 days ago

Rank #1: Episode 38: Blockchain and IP, featuring Ted Mlynar and Ira Schaefer

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This week, Staff Correspondent Alessandra Dagirmanjian speaks with Ted Mlynar and Ira Schaefer, Partner and Of Counsel, respectively, at Hogan Lovells LLP. Ted and Ira both work extensively with the Hogan Lovells’ Blockchain-Smart Contracts IPMT Working Group. Ted and Ira talk about their work with ethereum smart contracts, and how the blockchain can be used to protect intellectual property rights. They also discuss the important new roles for lawyers in implementing the technology, and resolving the legal issues surrounding it.

Ted’s bio can be found here: https://www.hoganlovells.com/ted-mlynar

Ira’s bio can be found here: https://www.hoganlovells.com/ira-schaefer

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org

Twitter: @FordhamIPLJ

Facebook: www.facebook.com/FordhamIPLJ

Patreon: www.patreon.com/fordhamiplj

Nov 10 2017

37mins

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Rank #2: Episode 59: How Entertainment Lawyers Changed the Hollywood Studio System – Featuring Peter Labuza

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On this week episode, Online Editor, Patrick Hao, talks to film critic, podcaster and Ph.D. candidate in Cinema and Media Studies at the University of Southern California, Peter Labuza. They discuss Hollywood legal history and the role entertainment lawyers had, through contracts, shifted the way Hollywood Film Studios produced movies and affected the art.

Peter Labuza is a Ph.D. Candidate in Cinema and Media Studies at the University of Southern California and a John E. Rovensky Fellow in US Business and Economic History. His research interests include Hollywood and media industry historiography, legal history, political economy, art cinema, and cinephilia. His dissertation explores the rise of the legal profession in Hollywood and its contribution to the organizational business reforms and cultural discourse of art within the industry after World War II. He has published in The Velvet Light Trap, Film Quarterly, Mediascape, Sight & Sound, and The Los Angeles Review of Books, and he currently serves as Assistant Book Review Editor for the Journal of Cinema and Media Studies (formerly Cinema Journal). He has also published as a film critic for Variety, The Village Voice, and Filmmaker Magazine among others, and hosts The Cinephiliacs podcast. Previously, Labuza earned both his BA and MA in Film Studies from Columbia University.

Sources Mentioned:

Peter Labuza, Putting Penn to Paper: Warner Bros.’s Contract Governance and the Transition to New Hollywood, 80 The Velvet Light Trap 4 (2017).   Janet Staiger, “Tame” Authors and the Corporate Laboratory: Stories, Writers, and Scenarios in Hollywood, 8:4 Q. Rev. of Film Stud. 33 (1983). Mark Garrett Cooper, Universal Women: Filmmaking and Institutional Change in Early Hollywood (Champaign: Univ. of Illinois Press, 2010). Karen Ward Mahar, Women Filmmakers in Early Hollywood (Johns Hopkins Univ. Press, 2006). Emily Carman, Independent Stardom: Freelance Women in the Hollywood Studio System (Univ. of Texas Press 2016). Eric Hoyt, Hollywood and the Income Tax, 1929—1955, 22 Film Hist. 5 (2010). Vanessa Schwartz, It’s So French!: Hollywood, Paris, and the Making of Cosmopolitan Film Culture (Univ. of Chicago Press 2007). Catherine L. Fisk, Working Knowledge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930 (Univ. of North Carolina Press 2009). Catherine L. Fisk, Writing for Hire: Unions, Hollywood, and Madison Avenue (Harvard Univ. Press 2016). Favorite Piece of IP of the Week: Something Good-Negro Kiss (Short Film)

Our theme song is Roller Blades by Otis McDonald.

Subscribe to us on Apple Podcasts and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Instagram: @Fordhamiplj
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Feb 12 2019

58mins

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Rank #3: Episode 49: The Lawyer’s Role in Art Transactions, featuring Jo Backer Laird

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This week, Staff Correspondent Chloe Curtis talks with Jo Backer Laird, one of the world’s leading art lawyers. Jo served as General Counsel to Christie’s for 10 years, and is currently Of Counsel at Patterson Belknap. Chloe and Jo discuss the role of the lawyer in art transactions, and the type of relationship that exists between lawyer and client. Their conversation focuses on the role of the lawyer in representing private collectors, museums and artist foundations in various dealings.

Jo’s bio can be found on the Patterson Belknap website.

Our theme song is Roller Blades by Otis McDonald.

Subscribe to us on Apple Podcasts and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Apr 20 2018

42mins

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Rank #4: Episode 4: Copyrighting Jokes

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This week, Online Editor Anthony Zangrillo and Staff Member David Bradley Isenberg discuss the copyrightability of jokes. As an introduction, the team works through the proper subject matter of copyright protected material, specifically focusing on the idea/expression distinction and the fixation requirement. The show then tackles interesting lawsuits that range from Conan O’Brien stealing Twitter jokes, the infamous Joan Rivers impersonators, Amy Schumer’s joke stealing accusations, and the theft of Twitter jokes in general. What are you thoughts on copyrighting jokes? Let us know in the comments.

Oct 13 2016

47mins

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Rank #5: Episode 34: CRISPR, Part I

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In this two part series, guest correspondent Falguni Joshi delves into the world of CRISPR-Cas9—a revolutionary gene editing technology that has made headlines recently. For this week’s episode, Falguni sits down with Dr. Raj Mandal to understand how CRISPR works, what its implications are and how Dr. Mandal uses it in his lab to conduct cancer research.

Falguni then turns to the underlying patent dispute with Professor Jacob Sherkow and Steven Hollander. Professor Sherkow and Steve explain how the dispute began, the differences in the innovations made by the two parties, and the procedural history.

Dr. Raj Mandal is a Head and Neck Surgery fellow at Memorial Sloan Kettering Cancer Center in New York City. In addition to clinical work, Dr. Mandal is actively involved in cancer research using gene editing technologies such as CRISPR Cas9.

Steven Hollander works in the area of not-for-profit and patent law and writes on the intersection of scientific innovation, bioethics, and law. He is a member of the New York City Bar Association’s Bioethics Committee where he is the chair of the Patent Law Subcommittee. He received a B.A. from Washington University in St. Louis, a Certificate in Premedical Sciences from Columbia University, and a J.D., cum laude, from Maurice A. Dean School of Law at Hofstra University where he was an Associate Editor for the Hofstra Law Review.

Professor Sherkow is an Associate Professor of Law at the New York Law School Innovation Center for Law and Technology, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Professor Sherkow has been a frequent commentator on patent matters in popular outlets such as the Wall Street Journal, The New York Times, the Los Angeles Times, and NPR. He also has experience as a patent litigator at Gibson, Dunn & Crutcher in New York.

Music on this week’s episode:

Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M

Experimental by strange day: https://soundcloud.com/strange-day

Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org

Twitter: @FordhamIPLJ

Facebook: www.facebook.com/FordhamIPLJ

Patreon: www.patreon.com/fordhamiplj

Oct 13 2017

28mins

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Rank #6: Episode 18: How to Break into Entertainment Law feat. Jeff Cohen

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This week, Online Editor Anthony Zangrillo is joined by Staff Member Wes Benter and Special Guest Jeff Cohen to talk about breaking into Entertainment Law.

Jeff is a prominent transactional attorney and former child actor, best known for playing the role of ‘Chunk’ in the Richard Donner/Steven Spielberg film The Goonies. A co-founder of Beverly Hills based Cohen Gardner LLP, Jeff has been named by Variety to its Dealmakers Impact List and profiled by The Hollywood Reporter, The ABA Journal, Chambers Associate, Law Crossing and others. A distinguished lecturer and active writer, Jeff has authored numerous articles discussing business, technology and entertainment matters for CNBC, The Huffington Post, Backstage, Lawyerist and others.  He is proud to serve on corporate boards in both the non-profit and for-profit arenas.

Jeff has published The Dealmaker’s Ten Commandments: Ten Essential Tools for Business Forged in the Trenches of Hollywood. Jeff’s book provides a practical, no-nonsense methodology for negotiating deals, managing your time and handling crisis, all at the highest level. Jeff created The Dealmaker’s Ten Commandments to overcome resistance and achieve his goals without losing his soul along the way. Although developed in Hollywood, the real world tactics, strategies and guiding principles are vital for any business environment. More information on the book can be found here: http://dealmakerscommandments.com/

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Feb 16 2017

14mins

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Rank #7: Episode 5B: Symposium – IP Licensing & Antitrust Panel

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For the next two weeks, the Fordham IPLJ Podcast will feature the Fordham IPLJ Symposium, divided into the opening presentation and three panels on various intellectual property topics.

In this episode, listen to the IP Licensing & Antitrust Panel. Panelists will discuss the proposed update to the Antitrust Guidelines For the Licensing of Intellectual Property. Moderator: Professor Mark Patterson. Panelists: David Hecht, Associate at Steptoe & Johnson LLP; Frederick Juckniess, Partner at Schiff Hardin LLP; David Reichenberg, Of Counsel at Wilson Sonsini Goodrich & Rosati; Michael E. Salzman, Partner at Hughes Hubbard & Reed LLP

(Audio only file will be added next week)

Oct 20 2016

58mins

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Rank #8: Episode 16: Paul McCartney sues Sony/ATV Over the Beatles’ Music Rights

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James Sammataro, Managing Partner of Stroock, Stroock, & Lavan’s Miami office returns to the podcast to discuss Paul McCartney’s recent declaratory action against music publisher Sony/ATV over the ownership of some of the Beatles’ most famous songs!

Mr. McCartney’s suit involves a claim of copyright termination. Under this legal concept, authors — or any creators — have the right to reclaim ownership of their works from publishers after a specific length of time has passed. This concept originated in the 1976 Copyright Act and performers and songwriters have utilized the remedy to regain control of their work.

Initially, Mr. McCartney and John Lennon signed a series of publishing contracts in Britain beginning in 1962. The suit contends that in a series of remarks and emails to Mr. McCartney’s lawyers, Sony/ATV executives alluded to the recently decided Duran Duran case and refused to confirm that he could reclaim his rights in popular songs like “Love Me Do,” “I Want to Hold Your Hand” and “All You Need Is Love.”2 The suit asks for a declarative judgment that Mr. McCartney would not be violating any contract by exercising his termination rights.

Feb 01 2017

15mins

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Rank #9: Episode 43: Lawyering for The Jerry Springer Show, Part I

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This week, we’re giving you part one of our interview with Orit Blankrot and Margo Cornell, Vice President, Business Affairs and Director of Legal Administration, respectively, at NBC Universal. Staff Correspondent Mike Rivera talks with Orit and Margo about their work with the Jerry Springer Show. Orit and Margo talk about how they got their start in media law, problem solving for a broadcast television show, and how they advise to help the show comply with FCC guidelines.

Music on this week’s episode:

Experimental by strange day: https://soundcloud.com/strange-day

Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Feb 23 2018

34mins

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Rank #10: Episode 51: AI and Intellectual Property Law, featuring Prof. Shlomit Yanisky-Ravid

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This week, Staff Correspondent Fannie Law speaks with Professor Shlomit Yanisky-Ravid, a visiting professor at Fordham Law and an expert on artificial intelligence and intellectual property law. Professor Yanisky-Ravid is the head of the AI-IP Project at Fordham Center on Law and Information Policy, researching the impact of advanced technology, such as artificial intelligence and blockchain. She talks about her work with AI-created content and its application to current copyright law. She also discusses the implementation of new models to resolve the challenges that AI presents for intellectual property law. Professor Yanisky-Ravid plays a Jazz composition generated by AI system as part of the AI-IP project at 14:05 mark.

Professor Yanisky-Ravid’s bio can be found here.

Our theme song is Roller Blades by Otis McDonald.

Subscribe to us on Apple Podcasts and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

May 04 2018

47mins

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Rank #11: Episode 5A: Symposium – Opening by Dean Diller and Keynote by Karl Kilb

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For the next two weeks, the Fordham IPLJ Podcast will feature the Fordham IPLJ Symposium, divided into the opening presentation and three panels on various intellectual property topics.

In this Episode, listen to the opening remarks by Dean Matthew Diller, followed by Keynote Speaker Karl Kilb, the former General Counsel of Bloomberg and Current Entrepreneur.

Oct 18 2016

43mins

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Rank #12: Episode 17: Invalidity Assertion Entities and their Effect on the Patent Landscape

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This week, Online Editor Anthony Zangrillo is joined by Staff Member Matt Hershkowitz and Special Guest Mike Schuster, Assistant Professor at Oklahoma State University Spears School of Business.

The podcast tackles a recent entrant on the patent landscape: the Invalidity Assertion Entity (IAE). IAEs engage in rent-seeking by demanding payment from patent holders in exchange for not attempting to invalidate their patents through administrative action before the U.S. Patent and Trademark Office.

The response to IAEs has been uniformly negative. Reflexive Congressional proposals to terminate the IAE business model were not surprising. In contrast to the common response to IAEs, Mike discusses how profit-driven IAEs may effect socially beneficial externalities and why legislating to end the IAE business model is imprudent.

In fact, the IAE may discourage the much-maligned patent troll business model. IAEs are rent-seekers who demand consideration from patent owners in exchange for not attempting to invalidate their patents through an administrative action before the U.S. Patent and Trademark Office.

Self-interested IAEs will target patents and patent holders with attributes that maximize the likelihood the IAE will secure a lucrative settlement. Patent trolls exhibit these characteristics and will therefore be disproportionately targeted by IAEs. This practice raises costs and lowers income for patent trolls, which discourages future troll activity. IAEs thus — by pursuing their own profit-driven agendas — further the long-time policy goal of reducing patent troll lawsuits. This conclusion is diametrically opposed to the negative portrayals of IAEs in the media and recent legislative proposals to terminate the nascent business model.

Here is a link to 2 articles Mike has written on the topic:
Michigan Telecommunications and Technology Law Review, 2016

Wake Forest Law Review, Forthcoming

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Feb 10 2017

19mins

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Rank #13: Episode 52: Trade Secrets and the DTSA, featuring Conor Tucker

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This week, Staff Correspondent Mike Rivera speaks with Conor Tucker, a litigation associate at Irell & Manella in Los Angeles. This year, IPLJ published Conor’s article regarding the Defend Trade Secrets Act of 2016. Conor explains the ways in which the DTSA was inspired by the Economic Espionage Act of 1996, and the massive, unexpected jurisdictional issues that were created by this newly expanded federal protection of trade secrets.

To read Conor’s article, click hereConor’s bio can be found on the Irell & Manella website.

Our theme song is Roller Blades by Otis McDonald.

Subscribe to us on Apple Podcasts and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

May 11 2018

35mins

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Rank #14: Episode 6B: Symposium – Copy-Right v. Copy-Left Panel

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For the next two weeks, the Fordham IPLJ Podcast will feature the Fordham IPLJ Symposium, divided into the opening presentation and three panels on various intellectual property topics.

In this episode, listen to the Copy-Right v. Copy-Left Panelists discuss where IP law should be to promote innovation–whether that means less restriction or strong IP protections to secure the initial innovation in the first place. Moderator: Professor N. Cameron Russell. Panelists: Lauren Emerson, Senior Associate at Baker Botts LLP; Joseph Farco, Associate at Locke Lord and Co-Chair of the New York Intellectual Property Law Association’s Copyright Law & Practice Committee; Mary Rasenberger, Executive Director of the Authors Guild; James Vasile, Director of New America’s Open Internet Tools Project.

Oct 27 2016

1hr 31mins

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Rank #15: Episode 55: Patent Law Basics for Start-Ups Feat. J. Douglas Miller

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This week, staff member Meredith Miller sits down to chat with patent practitioner J. Douglas Miller about how start-ups can utilize patents and intellectual property in growing their business. They talk about what start-ups need to know about intellectual property, how to obtain a patent, and considerations when crafting an IP strategy. Ms. Miller is a second-year law student at Fordham Law intending to go into biotechnology patent practice. Mr. Miller, the father of Ms. Miller, is a patent attorney with a mechanical and environmental engineering background from Shumaker, Loop & Kendrick in Toledo, Ohio.

Our theme song is Roller Blades by Otis McDonald.

Subscribe to us on Apple Podcasts and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Instagram: @Fordhamiplj
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Nov 13 2018

35mins

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Rank #16: Episode 15: Digitalization of IP Offices

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This week, the podcast dives into the importance of the digitalization of intellectual property offices. Special Guest Nehal Madhani joins the discussion to provide his perspective on this issue. Nehal authored an article on this topic for the World Trademark Review.

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Jan 12 2017

9mins

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Rank #17: Episode 21: Trademark issues in the Gaming Industry feat. Cards Against Humanity and Humanity Hates Trump (Part I)

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How can game companies enforce and address intellectual property and trademark issues? This week, Online Editor Anthony Zangrillo is joined by Attorney Brent Lorentz from the Minneapolis law firm Winthrop & Weinstine3 to explore licensing issues within the gaming industry. These board game disputes often involve a confluence of different intellectual property rights, including copyright, trademarks and patents. However, none of these rights truly protect the essence of the game. They may protect parts of the game, but if one part fails, the protection decreases.

Recently, Humanity Hates Trump opened a Kickstarter campaign, in an effort to raise funding and build consumer recognition prior to release.4  They hit a snag, however, when the campaign was removed following a complaint made by Cards Against Humanity (CAH) directly to Kickstarter. In April, the game manufacturer and distributor SCS Direct fought back in Connecticut district court, arguing in their complaint that CAH had “engaged in a campaign to thwart the production and sales of Humanity Hates Trump,” and alleging that CAH’s infringement claims were “baseless.” SCS Direct maintains that they complied with most of CAH’s requested design changes, but refused when CAH asked they change the color of the cards, which remain black-and-white. SCS Direct pointed out that lots of games use black-and-white cards and are unaffiliated with CAH, and furthermore, that CAH has no trademark or trade dress registrations with respect to that design element. The podcast delves into this issue and more in this episode.

Mar 10 2017

12mins

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Rank #18: Episode 39: Augmented Reality and Digital Spaces, Part I

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This week, Staff Correspondent Ben Halperin talks with artist, designer, and activist Sebastian Errazuriz.  Sebastian’s digital “vandalization” of a Jeff Koons sculpture, visible in landmarks around the world via Snapchat filter, recently made headlines. They talk about the potential implications of Snapchat’s art initiative, which could demonstrate the idea that localities should regulate their “digital air rights” like other traditional property rights. They also discuss the potential societal impacts of augmented reality (AR) technology. This episode is Part One of a two-part discussion on this topic.

To learn more about Sebastian’s work, please follow him on social media:

Instagram: @sebastianstudio
Webpages : www.meetsebastian.com and www.cross.international
Facebook: www.facebook.com/sebastian.errazuriz

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Nov 17 2017

33mins

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Rank #19: Episode 8: COPPA Enforcement

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COPPA! Following up on a blog post (http://www.fordhamiplj.org/2016/11/08/musical-lys-coppas-flaws/) concerning the new, popular app Muscial.ly and its young user base, highlighting the flaws of Coppa, the Fordham IPLJ Podcast interviewed Roy Smith, the founder and CEO of PrivacyCheq to further discuss COPPA and its interaction with the mobile game industry. Coppa was enacted in 1998 for the purpose of limiting what information companies can collect about children under the age of 13 without parental consent. The law went into effect in 2000 and was amended in 2013 to, amongst other things, broaden the type of information regulated. Since the time of the legislation’s inception many companies have struggled to comply and have frequently been unsuccessful. Roy will take listeners through some of Coppa’s “loopholes.” There is obviously a perverse incentive to be willfully blind, which will be discussed from a privacy policy perspective. Furthermore, the podcast will touch on how Coppa should be enforced, who should enforce the regulations, how can the government achieve better compliance, and how are other countries reacting to our Coppa laws. Finally, the podcast touches on general policies in privacy law including a thought provoking discussion on the “reasonable expectation” of privacy in society.

Nov 10 2016

28mins

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Rank #20: Episode 14: Equitable Resale Royalties

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This episode of the podcast discusses resale royalties. Special Guest Brian L. Frye, Spears-Gilbert Associate Professor of Law, University of Kentucky College of Law, author of upcoming article “Equitable Resale Royalties.” Essentially, the premise is that in many European countries artists are entitled to a percentage of the sale price of their artworks every time they are resold. California enacted a similar law, but it was recently found unconstitutional on both dormant commerce clause & first sale/preemption grounds by the courts. People are pushing for a federal resale right. There is a lot of disagreement about the wisdom & justification of such a right – a lot of scholars are opposed, primarily on economic efficiency grounds, but the response is based in fairness & equity.

Brian assumes for the sake of argument that we should adopt resale royalties & ask what an equitable resale royalty right regime could & should look like.

Don’t forget to also subscribe to the podcast on Itunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Jan 05 2017

23mins

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