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JIPEL Vol. 10 - No. 1

Charging Bull, Fearless Girl, Artistic Composition, and Copyright

Dec 21, 2020 Richard Chused

Richard Chused* Download a PDF of this article here. Introduction I. A Tale of Compositional Conflict A. A Brief History of Charging Bull B.Origins of Fearless Girl and Subsequent Controversy…

Federal Circuit JIPEL Blog 2020-2021 Patent Patentable Subject Matter

What Questions Should Courts Ask When Applying Step One of the Alice Framework?

Dec 17, 2020 Jiange Xiao, JD '22

Following Mayo Collaborative Servs. v. Prometheus Labs, Inc., 566 U.S. 66 (2012), the Supreme Court set forth the Alice framework—a two-step inquiry­­—to determine patent eligibility. Alice Corp. v. CLS Bank…

Artificial Intelligence JIPEL Blog 2020-2021 Right of Publicity Trademark

Influencing IP: How The Right Of Publicity Should Adapt to the Influencer Age

Dec 14, 2020 Carrie Brown, JD '22

So, a lot of you have been asking 
 is the right of publicity in its current state working? While the right of publicity has long been used by singers,…

Entertainment JIPEL Blog 2020-2021 Labor

Can Netflix Change the Game for Employees in Hollywood?; Legal Issues Competing for Talents

Dec 10, 2020 Celia Daeun Kim, JD '22

Organizations often practice a technique known as employee poaching, a practice where a company recruits away an employee from a competing company. Employee poaching often happens in growing industries that…

Copyright Entertainment Fair Use JIPEL Blog 2020-2021 Music Uncategorized

Can Artists Legally Stop Trump from Using Their Music?

Dec 7, 2020 Jennifer Kopp, JD '22

Within the deluge of articles and news reports regarding the Trump campaign and the recent election, the most unlikely headline of the bunch to catch my eye involved the Village…

Copyright Entertainment JIPEL Blog 2020-2021

Sherlock Holmes and the Case of the Copyrightable Character

Dec 3, 2020 Nicholas Perrotti, JD '22

This may be Sherlock Holmes’ toughest case to date
 but could also be his easiest. Just how much of his character is still copyrightable? How much can the public freely…

COVID-19 JIPEL Blog 2020-2021 Patent Privacy Technology

Contact Tracing Apps Using Bluetooth Technology: Data Privacy Concerns and Potential Patent Infringement Claims

Nov 30, 2020 Arthi Naini, JD '22

2020 has surely been a year for the books amidst a global pandemic and complete chaos. While most of us have spent a good portion of the year adjusting to…

Art Copyright JIPEL Blog 2020-2021 Uncategorized

How Tattoos Could Ruin Copyright Law

Nov 16, 2020 Taylor Peterson

Did you know that a temporary tattoo almost blocked a major motion picture from coming to theaters near you? In Whitmill v. Warner Bros. Ent. Inc., No. 4:11-cv-752 (E.D. Mo.…

Art Criminal Entertainment Free Speech JIPEL Blog 2020-2021

Could Netflix’s ‘Cuties’ Be Prosecuted for Being Child Porn?

Nov 12, 2020 Karen Yip, JD '22

The French film “Cuties”, which won an award at Sundance Film Festival, is about an 11-year-old Senegalese girl living in Paris who rebels against her religious, oppressive family and joins…

Copyright Fair Use JIPEL Blog 2020-2021 Music

Music Sampling Should be Fair Use

Nov 5, 2020 Jamal Perry, JD '22

In 2019, Lil Nas X’s song “Old Town Road” became the longest-running song on the Billboard 100 Hot List in history. “Old Town Road,” a song best labeled as “country-rap,”…

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