Articles
Albrecht Dürer’s Enforcement Actions: A Trademark Origin Story
Jun. 28, 2023—Peter J. Karol | 25 Vand. J. Ent. & Tech. L. 421 (2023). This Article offers a trademark-framed reappraisal of a pair of extraordinary enforcement actions brought by the Northern Renaissance artist Albrecht Dürer (1471–1528) against copyists of his work. These cases have long been debated by art, cultural, and copyright historians insofar as they...
Through the Looking Glass with Alice: The Current Application and Future of Title IX in Athletics
Jun. 28, 2023—Josephine (Jo) R. Potuto | 25 Vand. J. Ent. & Tech. L. 373 (2023). This Article is a snapshot of the past pervasive discriminatory treatment of women in athletics and where women athletes and women’s athletics currently stand. It discusses some of the new challenges for Title IX enforcement—female transgender athletes and treatment of name,...
Title IX vs. NCAA: A Gameplan for Championship Equity
Jun. 28, 2023—Leigh Ernst Friestedt | 25 Vand. J. Ent. & Tech. L. 307 (2023). In 1972, Congress enacted Title IX of the Education Amendments Act (Title IX) to prohibit sex-based discrimination in “any education program or activity receiving federal financial assistance.” While the original legislation did not stipulate “athletics,” Title IX has had a profound impact...
Copyright Co-Ownership in Uncertain Times: How Security Interests Can Save the Day
Jun. 28, 2023—Evie Whiting & Ashleigh Stanley | 25 Vand. J. Ent. & Tech. L. 291 (2023). Films and television series are increasingly being created under a co-production model, making copyright co-ownership a common occurrence in the world of Hollywood content creation. So long as each co-owner’s rights are pre-negotiated and specifically delineated in their contracts, the...
Prospecting, Sharecropping, and the Recording Industry
Jun. 28, 2023—Olufunmilayo Arewa & Matt Stahl | 25 Vand. J. Ent. & Tech. L. 267 (2023). Digital-era disruption has had a significant impact on the recording industry and the business of music more generally. Digital-era music disruption draws attention to patterns of continuity within the recording industry. Notably, despite widespread use of digital technologies for the...
The Data Trust Solution to Data Sharing Problems
Mar. 6, 2023—Kimberly A. Houser* & John W. Bagby | 25 Vand. J. Ent. & Tech. L. 113 (2023) A small number of large companies hold most of the world’s data. Once in the hands of these companies, data subjects have little control over the use and sharing of their data. Additionally, this data is not generally available...
Co-Authorship Between Photographers and Portrait Subjects
Mar. 6, 2023—Molly Torsen Stech | 25 Vand. J. Ent. & Tech. L. 53 (2023) Copyright law provides that when two or more authors create a single work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole, the authors are considered joint authors. For photographic works, judicial precedent establishes that the...
The Death of the Legal Subject
Mar. 6, 2023—Katrina Geddes | 25 Vand. J. Ent. & Tech. L.1 (2023) The law is often engaged in prediction. In the calculation of tort damages, for example, a judge will consider what the tort victim’s likely future earnings would have been, but for their particular injury. Similarly, when considering injunctive relief, a judge will assess whether...
A Modern Reconceptualization of Copyrights as Public Rights
Jul. 2, 2022—Matthew L. Pangle | 24 Vand. J. Ent. & Tech. L. 487 (2022) Copyright law is at a crossroads. In the wake of Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, the patent, copyright, and intellectual property regimes as a whole, are primed for a modern reconceptualization. At the heart of this reconceptualization...
Technological Self-Sufficiency and the Role of Novelty Traps
Jul. 2, 2022—Rochelle C. Dreyfuss and Daniel Benoliel | 24 Vand. J. Ent. & Tech. L. 441 (2022) The COVID pandemic has demonstrated the tragic consequences of technological dependency.Unable to manufacture vaccines for themselves, developing countries must rely on obtaining supplies from other nations.While strong arguments have been made to waive international obligations under the TRIPS Agreement...