Articles
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...
Where Copyright Meets Privacy in the Big Data Era: Access to and Control Over User Data in Agriculture and the Role of Copyright
Jun. 25, 2022—Tesh W. Dagne | 24 Vand. J. Ent. & Tech. L. 675 (2022) The application of big data in different sectors of the economy and its transformative value has recently attracted considerable attention. However, this transformation, driven by the application of advanced technologies that utilize big data—such as the Internet of Things (IoT), artificial intelligence...
Barriers to Criminal Enforcement Against Counterfeiting in China
Jun. 25, 2022—Daniel C.K. Chow | 24 Vand. J. Ent. & Tech. L. 633 (2022) Multinational companies (MNCs) with valuable trademarks in China seek criminal enforcement against counterfeiting because other available avenues of relief, such as administrative and judicial remedies, have proven to be ineffective. While MNCs prefer enforcement through China’s Police, the Public Security Bureau (PSB),...
Innovation Policy and Chronic Emergencies
May. 24, 2022—Robert Burrell and Catherine Kelly | 24 Vand. J. Ent. & Tech. L. 221 (2022) The COVID-19 pandemic has thrust the potential role of the state as a driver of scientific innovation onto center stage. Vaccines have been developed and brought to market in a timescale that seemed almost impossible when the crisis first struck....
Mergers, Antitrust, and the Interplay of Entrepreneurial Activity and the Investments That Fund It
May. 24, 2022—Gary Dushnitsky and D. Daniel Sokol | 24 Vand. J. Ent. & Tech. L. 255 (2022) This Article addresses the potentially negative implications of proposed antitrust legislation on the entrepreneurial ecosystem in general, with a particular focus on the venture capitalists (VCs) that fund it. First, it offers a review of how antitrust merger law...