The advent of sophisticated artificial neural networks has opened new artistic opportunities, but also a variety of new legal challenges. Computer programs such as Google's Deep Dream can take an image and process it in manners that resemble biological networks, producing artwork that is both...

This article briefly describes the legal position in Australia prior to the Ice decision. It then explains the nature of the changes to that position as a consequence of the Ice decision. After dealing with the Ice decision, the recent first-instance decision in Phone Directories will be considered

Internet file-sharing of copyrighted materials created a struggle between right holders, Internet Service Providers (ISPs), and file-sharers. After several different attempts to resolve the struggle, many countries began to debate the possibility of a Three Strikes Policy (3SP), which includes,...

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received...

This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...

As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...

Not all code is created equal—at least not in the majority’s view in Google v. Oracle, handed down on April 5th. In this landmark 6-2 decision, the Supreme Court held that Google’s verbatim reproduction of approximately 11,500 lines of computer programming code from Oracle’s Java library...

From 1790 to 1891, the United States prevented foreign authors from obtaining domestic copyright protection, implicitly subsidizing a domestic reprinting industry. With foreign works a “free” and unprotected resource, American publishers created a system of voluntary norms, known as “trade...

A review of two recent scholarly books on digital copyright law: The Copyright Wars: Three Centuries of Trans-Atlantic Battle by Peter Baldwin (Princeton, 2014), and Copyfight: The Global Politics of Digital Copyright Reform by Blayne Haggart (Univ. of Toronto, 2014). Both books are meticulously...

In recent years, many policymakers have pushed for a stronger international standard of copyright recognition and enforcement, as embodied in international agreements such as TRIPS. Proponents argue, in part, that stronger laws will encourage economic development in both developed and developing...