JIPEL Vol. 10 – No. 1
This Fall 2020 issue – Volume 10, Issue 1 – contains works exploring a multitude of continuing and timely legal issues in intellectual property and our digital world. Notably, they…
An Empirical Study of U.S. Copyright Fair Use Opinions Updated,
1978-2019
Barton Beebe* Download a PDF version of this article here. Watch our second episode of The Author Series featuring Professor Beebe here. Read JIPEL’s letter regarding data validation for this…
Editorial, The Need for Collective Standards: Validating Raw Data in Legal Empirical Analysis
Zachary J. Bass, Ashley C. Ulrich, Ryan B. McLeod, Kevin Qiao, Joanne Dynak, Lvxiao Chen, Garrett Heller, Minyoung Ryoo, Magdalena Christoforou, Jesse Kirkland, Neil Chitrao, Patrick A. Reed, Amanda Gonzalez…
Fashion Designs in the Age of Coronavirus: Fashion Design Copyrights Arguments Revisited
2020 has not been a good year for anyone, but this holds especially true for fashion industries. With most people being stuck at home and zooming in from their bedroom,…
Crediting Procompetitive Justifications for Digital Platform Defendants: Continued salience of a broad, efficiencies-focused approach
Ashley Ulrich* Download a PDF of this article here. Introduction I. Antitrust Enforcement and Procompetetive Justifications A. Introduction to Antitrust Review and Principles 1. Overview to Antitrust Review 2. Goals…
Privacy Rights Need Stronger Protections: Candid Photography in the Digital Age
Privacy rights hold an interesting position in U.S. law. While not explicitly mentioned by the United States Constitution, they are considered a constitutional right by common law. It is a…
Charging Bull, Fearless Girl, Artistic Composition, and Copyright
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…
What Questions Should Courts Ask When Applying Step One of the Alice Framework?
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…
Influencing IP: How The Right Of Publicity Should Adapt to the Influencer Age
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,…
Can Netflix Change the Game for Employees in Hollywood?; Legal Issues Competing for Talents
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…