Articles
Regulation Priorities for Artificial Intelligence Foundation Models
Nov. 28, 2023—Matthew R. Gaske | 26 Vand. J. Ent. & Tech. L. 1 (2023) This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a...
©ancelling Dr. Seuss
Nov. 28, 2023—Cathay Y. N. Smith | 26 Vand. J. Ent. & Tech. L. 73 (2023) Dr. Seuss Enterprises announced in March 2021 that it would no longer license or publish six of its children’s books because those books portrayed people in racist or culturally stereotypical ways. Since then, the public has learned through news reports and...
Copyright’s Lost Art of Substantial Similarity
Nov. 27, 2023—Sandra M. Aistars | 26 Vand. J. Ent. & Tech. L. 109 (2023) Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments...
Competition Upstream of Amazon
Jul. 28, 2023—Martin Edwards | 25 Vand. J. Ent. & Tech. L. 691 (2023). The rise of large, market-concentrating technology firms like Amazon, Inc. is driving commentators, regulators, and politicians to rethink the law of antitrust. In particular, “New Antitrust” reformers propose that the narrow focus on consumer welfare has caused antitrust law to stop too short...
The Case for Establishing a Collective Perspective to Address the Harms of Platform Personalization
Jul. 28, 2023—Ayelet Gordon-Tapiero, Alexandra Wood, & Katrina Ligett | 25 Vand. J. Ent. & Tech. L. 635 (2023). Personalization on digital platforms drives a broad range of harms, including misinformation, manipulation, social polarization, subversion of autonomy, and discrimination. In recent years, policy makers, civil society advocates, and researchers have proposed a wide range of interventions to...
Reinterpreting Repeat Infringement in the Digital Millennium Copyright Act
Jun. 28, 2023—Hunter McGhee | 25 Vand. J. Ent. & Tech. L. 483 (2023). In 1998, Congress passed the Digital Millennium Copyright Act, which aimed to balance the growth of the internet with the enforcement interests of copyright holders. In exchange for immunity from third-party infringement, the DMCA imposes certain conditions on internet and online service providers....
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...