Volume 25
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...
How Free Should a Freeport Be?: Reducing Money Laundering in the Art Market through Freeport Regulation
Mar. 6, 2023—Cates Grier Saleeby | 25 Vand. J. Ent. & Tech. L. 239 (2023) The tax incentives that luxury freeports provide have created opportunities for money laundering and other forms of financial crime through the sale of art. The use of such institutions in combination with the anonymity that art transactions allow can create a series...
A Compulsory Solution to the Machine Problem: Recognizing Artificial Intelligence as Inventors in Patent Law
Mar. 6, 2023—Cole G. Merritt | 25 Vand. J. Ent. & Tech. L. 211 (2023) Artificial Intelligence (AI) is already disrupting and will likely continue to disrupt many industries. Despite the role AI already plays, AI systems are becoming increasingly powerful. Ultimately, these systems may become a powerful tool that can lead to the discovery of important...
Something Doesn’t Add Up: Solving DNA Forensic Science Statistical Fallacies in Trial Testimony
Mar. 6, 2023—Kendall Brooke Kilberger | 25 Vand. J. Ent. & Tech. L. 181 (2023) While the limitations of traditional forensic sciences are generally recognized, the presentation of DNA forensic science statistical testimony has widely evaded criticism. This lack of oversight has allowed four DNA forensic science statistical fallacies to plague the legal system: providing statistics without empirical...
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...