Our Spring 2024 Issue—Volume 13, Number 2—looks to how intellectual property (IP) shapes culture and society in various spaces. Our authors consider the effects of governance—social, technological, and legal—as places where IP impacts our consumption and behavior.
In our first article, Professors Mindy Duffourc, Sara Gerke, and Konrad Kollnig examine artificial intelligence (AI) and the effect of the generative AI (GenAI) data lifecycle on personal data. The team looks at the development of GenAI, its sources of information, how the information is used and stored, privacy implications, and governance in the EU and US. The article takes steps to identify gaps in protection and the related privacy concerns levied to consumers and internet users.
Second, Professor Richard Chused explores governance and cultural norms of art collection and storage. Chused argues that art should be thought of as a public good—imploring collectors and museums to showcase their archives for the public to enjoy. The article follows the effect of the Federal Arts Project in the 1930s and 40s and its impact on democratizing art, then models key legislative hurdles seen today and necessary reforms in the arena of displaying art.
Third, Dr. Taouri Guan analyzes China’s social credit system (SCS) and its application in the Chinese patent system as a form of Ben-Shahar and Porat’s personalized law. Guan uses existing literature on personalized law to generate an analytical framework from which crude personalized law can be categorized and studied. His novel work argues that SCS, as an applied form of personalized law, simultaneously streamlines administration and reduces government oversight in the patent application system while promoting innovation.
Our fourth piece is a note from recent NYU graduate Victoria Thede. Thede uses recent developments in the NFT space to illustrate the convergence of the art and fashion industries. Her work asks a fundamental and recurring question in trademark law—the philosophical distinction between art and mark—and how questions asked in the courts between fundamental expression and intent can mangle the answer. The note challenges distinctions drawn in the court system between the two and where creative spaces like fashion land in the law’s protection of marks.
Fifth, a note from recent NYU graduate Amanda Cort asks what stops reality television producers from legal ramifications for poor workplace protections. Cort looks to the social and legal factors that dictate where power lies between participants on these shows and producers. The note zooms in on the dichotomy presented by fame and how participants are often motivated by the desire for both more and less fame simultaneously.
You may view and download a PDF of the complete issue here.
Sincerely,
Joseph Salmaggi
Editor-in-Chief
NYU Journal of Intellectual Property & Entertainment Law