JIPEL Vol. 14 No. 1
Our Fall 2024 Issue–Volume 14, Number 1–addresses various questions that our intellectual property systems are currently facing or will soon face. First, Professor Zheng compares how the U.S., Europe, and…
Transforming Fair Use
Glynn S. Lunney, Jr. * Download a PDF version of this article here. . In the United States, the fate of fair use, and by extension, copyright itself, hang in…
Extra-legal Uses of TM
Clark D. Asay,* LaReina Hingson,** & Stephanie Plamondon*** Download a PDF version of this article here. . Theoretical accounts of trademark law suggest that trademarks serve multiple marketplace functions, including…
Clarifying the De Minimis Doctrine in Copyright Law
Ben Tauber * Download a PDF version of this article here. . Introduction I. Relation of the De Minimis Doctrine to Legal Copying II. Extending De Minimis to “Trivial Use”…
Enablement and Written Description Beyond the Protein Folding Horizon
Alex Lee * Download a PDF version of this article here. . Introduction I. The Protein Folding Challenge A. How Close Are We? 1. Community Cooperation 2. Growth of Protein-Structure…
Creation and Generation Copyright Standards
Danny Friedmann * Download a PDF version of this article here. . There is a de facto double standard in copyright eligibility. Despite the insistence of the U.S. Copyright Office…
The Illusion of Inclusivity: Examining the ‘One Size Only’ Controversy in Fashion
The practice of offering “one size only” clothing, as seen with brands like Brandy Melville, has sparked intense debates surrounding inclusivity and discrimination in the fashion industry. Critics argue that…
Andersen v. Stability AI: The Landmark Case Unpacking the Copyright Risks of AI Image Generators
With the rise of AI image generators, even an artistically untalented law student like myself can depict nearly anything imaginable within minutes. By typing “Mario eating a slice of pizza…
Preserving the Past Using Tools of the Future: The Ethical and Legal Dilemmas of StoryFile and Conversa
In 2022, Leslie Stahl of 60 Minutes conducted an interview with Aaron Elster, a holocaust survivor. What was unique about this interview, beyond Elster’s harrowing testimony, was the fact that he had died…
A Look Into the Fight Against North Carolina’s Unfair NIL Ban
In June 2021, the Supreme Court decided NCAA v. Alston which spurred the NCAA to change its rules and allow college athletes to profit from their name, image, and likeness…