The Journal of Intellectual Property Law

10/12/2023

The Journal of Intellectual Property Law is absolutely thrilled to share the first episode of the JIPL Podcast! The first series of episodes are interviews of the published student note authors conducted by Professor Joseph Miller. We hope to be able to release a new episode every few weeks. Our inaugural episode is with our very own Editor-in-Chief, Hunter Payne, discussing his note on the Eighth Circuit's interpretation of 17 U.S.C § 120. Take a listen, share, and stay tuned for more!

Non-Spotify subscribers can listen here: https://lnkd.in/eE5g5_QR

Spotify subscribers: https://spotifyanchor-web.app.link/e/m6m8DgMtQDb

Welcome to the inaugural episode of the Journal of Intellectual Property Law! This episode is a conversation between Professor Miller and Hunter Payne discussing his published student note, ⁠Architectural Copyrights: The Eighth Circuit's Structurally Sound Interpretation of 17 U.S.C. § 120⁠. Th...

10/12/2023

Meg Sharp is our next spotlight student note author!

In her note, Give Starving Artists' a Piece of the IP Pie: Making Room at the Table for Performers' Rights, Meg argues that, as the theatrical landscape evolves, claims of quasi-authorship rights will arise from stage performers working within highly collaborative or improvisational settings.

While these artists, in the context of a larger production, may not fit squarely under the Copyright Act of 1976 as authors, continuing to take a large amount of their intellectual property for incorporation in the final product could prove to be a widely used, exploitative practice. In order to afford performers security and agency, labor law and contract law should step in where copyright law fails to reach.

Read more of Meg's fantastic note here:

Creators protect their valuable intellectual property interests through copyright. Historically, stage performers struggled to secure copyright ownership in their performances within a larger production. As the theatre landscape changes, however, trends indicate that producers will increasingly rely...

09/18/2023

Next in our spotlight of student note authors is Meredith Williams! Meredith wrote about patent protection for dating apps' digital user interfaces (or, more concretely, Tinder's "swiping" feature). She was interested in this topic for a multitude of reasons. Dating apps are an increasingly prevalent method for people to meet and she was intrigued by the psychology and methodology of how companies structure these platforms. There's a dueling motivation for the company to both create "success" for the user (a match) yet also in its interest to keep users hooked to the app. Her note is a piece of the bigger picture regarding technology use as well as how companies protect their work with patents.
To read more about this interesting and pertinent topic check out Meredith's note!

A new method of meeting others and dating online has emerged amid today’s age of technology. Online dating, now largely facilitated through apps, has grown exponentially since its genesis. With this growth, online dating services have sought intellectual property protection. This Note examines the...

09/14/2023

Up first in our series of student note author spotlights is our current Editor-in-Chief, Hunter Payne. Hunter wrote about about the copyright implications of posting residential floor plans on virtual real estate marketplaces like Zillow. This topic tied together his professional interest in construction litigation with a curiosity for intellectual property law. Go read Hunter's note to learn more!

The Eighth Circuit expanded architectural copyright protection in Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., by interpreting § 17 U.S.C. 120(a) consistent with both its plain meaning and legislative intent. In doing so, the court took a pivotal step in protecting architects....

07/10/2023

We are thrilled to announce our incoming Editorial Board! Congratulations to all our incoming members!

06/02/2023

The Journal of Intellectual Property Law is thrilled to announce our new issue, Vol. 30 Issue 2! It includes the following Articles and Notes:

Rethinking “Reasonableness”: Implementation of a National Board to Clarify the Trade Secret Standard now that Work-From-Home Culture has Changed the Rules by Hannah E. Brown

From America Online to America, Online: Reassessing Section 230 Immunity in a New Internet Landscape by Madi Blair

To “THE” or not to “THE”? The Question has been Answered: An Examination of Trademark Bullying in the Context of the Ohio State University’s Recent Trademark Registration by Jenny Danker

Architectural Copyrights: The Eighth Circuit’s Structurally-Sound Interpretation of 17 U.S.C. § 120 by Hunter Payne

Transparency is the Best Policy: The case for Georgia to Allow Access to the Source Code of Proprietary Voting Software by Grace Repella

Give Starving Artists a Piece of the IP Pie: Making Room at the Table for Performers’ Rights by Meg Sharp

IP Protection for Love: Dating App’s Feuds and Foes by Meredith Williams

Created in 1993, the Journal of Intellectual Property Law is the nation's oldest student-edited journal on intellectual property law. It features articles by students, scholars, judges and practicing attorneys on a wide variety of topics including everything from trademarks, trade secrets, patents a...

05/02/2022

https://digitalcommons.law.uga.edu/jipl/vol29/iss1/6/In her note entitled, "OOF! Nice Try Congress – The Downfalls of the CASE Act and Why we should be looking to our Cousins across the Pond for Guidance in Updating Our New Small Claims Intellectual Property Court”, Cori Henris focuses on the potential problems small creators might face when attempting to use the new small claims court established by the newly enacted CASE ACT and why we should be taking note of the way the United Kingdom handles their small claims court. Cori’s note can be found at: https://digitalcommons.law.uga.edu/jipl/vol29/iss1/6/.

About the Author

Originally from Douglas, Georgia, Cori Henris attended Valdosta State University, where she studied Political Science. After graduation Cori plans on becoming a public defender in the metro Atlanta area. She feels that there is no better way to put her law degree to use than to help others through such a stressful and confusing time that is the criminal justice system. She would like to thank her parents, Tom and Terri, and her fiancé, Brayden, for always being supportive. She would also like to thank Professor Miller for supervising this note.

04/21/2022

In his article entitled, “Protecting the Public Domain and the Right to Use Copyrighted Works: Four Decades of the Eleventh Circuit's Copyright Law Jurisprudence,” Professor David Shipley emphasizes the importance of the copyright law jurisprudence from the U.S. Court of Appeals for the Eleventh Circuit. This appellate court turns 40 in 2021, and it has rendered many influential copyright law decisions in the last four decades. Its body of work is impressive, and this article discusses this court’s important decisions in the following areas: the originality standard; the application of the U.S. Supreme Court’s Feist decision to compilations, directories, computer software, architectural works, and other creative works like movies, photographs, and characters; copyright protection for unfixed works; the scope of the government edicts doctrine; and, fair use. This article can be found at: https://digitalcommons.law.uga.edu/jipl/vol29/iss1/3/.

About the Author
Professor David Shipley is the former Dean of the University of Georgia School of Law, and currently teaches courses at UGA Law on civil procedure, copyright, administrative law and remedies, as well as serving as UGA’s Faculty Athletics Representative to the NCAA and the Southeastern Conference. Professor Shipley has an extensive repertoire of publications on copyright, intellectual property and administrative law issues. Professor Shipley enjoys working in his yard, running, swimming, biking and spending time with his family, especially grandchildren Arthur and Lucille.

04/19/2022

In his note entitled, “Contextualizing Michael Jordan v. Qiaodan Sports: I Don’t Believe I Can Fly, or Do Business, in China,” Justin Blair addresses how American nationals have urged for the cancellation of bad faith trademark registrations abroad, the definition of fame, the manner in which fame might be acquired, and the means by which fame must be protected each have taken on new meaning. Justin’s note can be found at: https://digitalcommons.law.uga.edu/jipl/vol29/iss1/4/.

04/14/2022

In his note entitled, "A New Way For Voting in American Elections: Addressing the Patentability of a Blockchain Mail-in Voting System," Brandon Waller looks at a recent patent filing by the United States Postal Service whereby the Postal Service seeks to use blockchain technology combined with the mail system to conduct future elections. He examines the patentability of this patent application and argues why it should be accepted. Brandon’s note can be found here: https://digitalcommons.law.uga.edu/jipl/vol29/iss1/8/.

About the Author
Originally from Cu***ng, Georgia, Brandon Waller attended the University of Georgia, where he studied Forestry. After graduating from UGA Law, Brandon intends to move back to Cu***ng where he will be working at a small firm practicing civil litigation and probate law.

04/12/2022

In her blog entitled, “Live! From a Courthouse Near You: How Should We Address Privacy Concerns from Livestreaming Court?” Gabby Gravel argues for increased privacy protection for parties required to use zoom for court access, inspired by her interest in criminal litigation. Gabby’s blog is available now at: https://jiplonline.com/2022/03/21/live-from-a-courthouse-near-you-how-should-we-address-privacy-concerns-from-livestreaming-court/.

About the Author
Gabby Gravel is a native of Dekalb County, Georgia and attended the University of Georgia, double majoring in Ecology and Political Science. Gabby enjoys all the creepy podcasts on the market, her cats, Zippy & Steve, and being the main character. After graduation Gabby plans to move to Saint Simons Island to practice criminal law.

04/04/2022

Today’s Spotlight focuses on Professor D.R. Jones’ article: “Under the Umbrella: Promoting Public Access to the Law.” In addition to exploring and assessing these recent decisions, this article undertakes a deeper review of historical decisions that supported access to the law by overriding copyright claims. Included is a review of documents that reveal a hidden player, as well as additional facts, in the Banks v. Manchester litigation. The article also discusses open issues and concerns regarding whether “the law” can be copyrighted. Supporting unfettered access to the law and the public benefits that flow therefrom should outweigh copyright concerns. This article has been published in the Journal of Intellectual Property Law, Volume 29, Issue 1, and can be found at: https://digitalcommons.law.uga.edu/jipl/vol29/iss1/2/.

About the Author
Professor Jones joined the Memphis law faculty in 2008. She teaches Copyright law. Professor Jones's scholarship explores copyright and privacy issues, and she recently served as the Chair of the American Association of Law Libraries' Copyright Committee.

04/01/2022

Can't wait to see everyone at our conference tonight!

We are thrilled to announce this year’s conference: With Great Power Comes Great Responsibil-IP: Protecting Animation, Visual Trademarks, and Copyrights. Register now at the link below!
https://ugeorgia.ca1.qualtrics.com/jfe/form/SV_b8iIteQDB2pwBiC

03/29/2022

In her note entitled, “Poverty via Monopolization: The Impact that Intellectual Property Rights and Federal Subsidies have on Farm Poverty,” Elizabeth Slater focuses on the effects of monopolization in the seed development industry and how an increase in public research funding would bring price competition to the field. Elizabeth’s note can be found at: https://digitalcommons.law.uga.edu/jipl/vol29/iss1/7/

About the Author
Originally from Jefferson, Georgia, Elizabeth Slater attended the University of Georgia, where she studied Entomology. Elizabeth chose her topic because it combines her interests in rural poverty with biotechnology law. After graduation, she hopes to pursue a career in environmental law. Outside of law school, Elizabeth enjoys hiking with her two dogs and playing the piano.

03/25/2022

With Great Power Comes Great Responsibil-IP is only one week away! Don't forget to register at: https://ugeorgia.ca1.qualtrics.com/jfe/form/SV_b8iIteQDB2pwBiC

03/21/2022

We are delighted to introduce our amazing speakers for our upcoming conference, With Great Power Comes Great Responsibil-IP: Protecting Animation, Visual Trademarks, and Copyrights, which will be held next Friday, April 1st at 5 pm. There will be a follow-up reception at 6 pm with a bartender and refreshments.

Register here: https://ugeorgia.ca1.qualtrics.com/jfe/form/SV_b8iIteQDB2pwBiC

03/14/2022

We are thrilled to announce this year’s conference: With Great Power Comes Great Responsibil-IP: Protecting Animation, Visual Trademarks, and Copyrights. Register now at the link below!
https://ugeorgia.ca1.qualtrics.com/jfe/form/SV_b8iIteQDB2pwBiC

03/03/2022

The Journal of Intellectual Property Law is pleased to announce our new Executive Board for the 2022 - 2023 school year.

03/01/2022

We are pleased to announce our next selection of student notes for publication. Congratulations to our newest authors!

02/22/2022

In his note entitled, “Big Tech in a Small Pond: How the Internet Economy Became So Concentrated and What Sector-Specific Regulation Can Do To Reel It In,” Andy Wilson discusses the negative effects of internet concentration, the likely ineffectiveness of antitrust to address harms to competition in this sphere, and the possibility of improving internet markets with sector-specific regulation like the ACCESS Act. Andy’s note can be found at the link below.

About the Author
Originally from Sumter, South Carolina, Andy Wilson attended the University of South Carolina Honors College, where he studied English, Economics, and Spanish. Andy chose his note topic because of his interests in antitrust, internet law, and public policy. He is grateful to Professors Joseph Miller and Christian Turner for their guidance and helpful feedback on this note, particularly Professor Miller’s insights into telecommunications law. After graduation, Andy will practice at Nashville firm Manier & Herod in the firm’s surety group.

https://digitalcommons.law.uga.edu/jipl/vol29/iss1/9/

02/14/2022

In her note entitled, “Creative Destruction: The Rebirth of Art,” Connely Doizé focuses on the Visual Artists Rights Act and it’s conferral of the Moral Right of Integrity. She argues that this right is a threat to an art owner’s personal property rights and the statute should be amended to promote the arts as intended by the Intellectual Property clause of the Constitution. Connely’s note can be found at the link below.

About the Author

Originally from Atlanta, Georgia, Connely Doizé attended Auburn University, where she studied English, and received a minor in Studio Art. Connely chose her note topic because it joins her passion of Art with the Law. She would like to thank Professor Mangan for her thoughtful editing and guidance in her role as mentor for this note. After graduation, Connely will be practicing at Herman Jones LLP in Atlanta.

https://digitalcommons.law.uga.edu/jipl/vol29/iss1/5/

02/08/2022

The Journal of Intellectual Property Law Volume 29, Issue 1 is now available at https://digitalcommons.law.uga.edu/jipl/ and includes the following publications:

Under the Umbrella: Promoting Public Access to the Law
D.R. Jones

Protecting the Public Domain and the Right to Use Copyrighted Works: Four Decades of the Eleventh Circuit's Copyright Law Jurisprudence by David E. Shipley

Contextualizing Michael Jordan v. Qiaodan Sports: I Don’t Believe I Can Fly, or Do Business, in China by Justin Blair

Destruction, The Rebirth of Art: Analyzing the Right of Integrity’s Role in Modern Art by Connely Doizé

Oof! Nice Try Congress – The Downfalls CASE Act and Why We Should be Looking to our Cousins Across the Pond for Guidance in Updating our New Small Claims Intellectual Property Court by Cori Henris

Poverty via Monopolization: The Impact that Intellectual Property Rights and Federal Subsidies Have on Farm Poverty by Elizabeth Slater

A New Way for Voting in American Elections: Addressing the Patentability of a Blockchain Mail-in Voting System by Brandon D. Waller

Big Tech in a Small Pond: How the Internet Economy Became So Concentrated and What Sector-Specific Regulation Can Do to Reel It In by Andy Wilson

02/01/2022

Find Anthony Volini’s article, A Deep Dive into Technical Encryption Concepts to Better Understand Cybersecurity & Data Privacy Legal & Policy Issues, in the Journal of Intellectual Property Law, Volume 28, Issue 2, at the link below. Part 1 of this article briefly explores the need for lawyers to understand encryption. Part 2 provides a mostly technical discussion of encryption concepts, with some legal concepts injected therein. Finally, Part 3 provides some high level legal discussion relevant to encryption (including arguments for and against law enforcement’s desire for a front door). To facilitate understanding for a non-technical legal audience, the article includes a variety of physical world analogies throughout.

About the Author
Prior to joining DePaul, Anthony G. Volini was an associate at a Chicago intellectual property firm, where he primarily handled patent prosecution and infringement analyses in a variety of technology areas. Volini is a member of DePaul’s Center for Intellectual Property Law & Information Technology (CIPLIT®), is an inventor on U.S. Patent 7,308,992, assigned to S.C. Johnson & Son, Inc., concerning aerosol actuating technology, and contributes to guiding DePaul College of Law’s overall technology and intellectual property curriculum, including his active collaboration with DePaul’s College of Computing & Digital Media (CDM) on interdisciplinary technology education for law students.

https://digitalcommons.law.uga.edu/jipl/vol28/iss2/2/

11/23/2021

In his note entitled, “Exit stage, Enter Streaming: Copyright of the Theatrical Stage Design Elements in a Changing Theater Industry”, Mark Bailey argues that the theatre industry must embrace the judicial presumption out of Illinois and New York that stage design elements are copyrightable in order to extend the rights of authorship, ownership, and registration of copyright with stage designers. Without this bargaining power, stage designers may not be considered the authors or owners of their designs under copyright law when increased distribution due to streaming inevitably leads to cases of professional plagiarism within the industry. Mark’s note has been published in the Journal of Intellectual Property Law Volume 28, Issue 2 and can be found at the link below.

About the Author
Mark Bailey is originally from Athens, Georgia and attended Berry College in Rome, Georgia. Before law school, he spent ten years working all over the country in the theatre and entertainment industry. Mark's note was inspired by the theatre industry's pivot to streaming live performances online largely for the first time in response to the pandemic. He wanted to write this note to highlight the hard work and struggles of his many friends and coworkers around the country over the last year. After law school, Mark will be working at Troutman Pepper in Atlanta. Outside of law and theatre, Mark's interests include cooking, running, and national parks.

https://digitalcommons.law.uga.edu/jipl/vol28/iss2/3/

11/10/2021

In her note entitled, “Design on Someone Else’s Dime: The Profiteering of Interior Designer’s Works from a Lack of Rights in the Modern Era,” Kim Carlson explores the IP dilemma faced by interior designers. Currently, interior designers receive no protection for their work under current copyright or trademark laws. In her note Kim asserts that existing copyright and trademark laws allow for deceitful behavior, and updated provisions would give adequate protection to interior designers without resulting in creating adverse consequences in the industry. Kim’s note has been published in the Journal of Intellectual Property Law, Volume 28, Issue 2, and is available at the link below.

About the Author: Originally from Huntington Beach, CA, Kim attended San Diego State University, where she studied Political Science. Kim chose her note topic because it explores the intellectual property challenges of one of her interests, interior design. Her note inspiration originated from the growing popularity of interior design brought on by television shows, home décor collaborations, and social media. After graduation, Kim plans to work for the Office of Chief Counsel within the Internal Revenue Service in Nashville.

https://digitalcommons.law.uga.edu/jipl/vol28/iss2/4/

11/01/2021

Mikela Gassert's recent blog entitled "An Argument for Embracing the Legality of Crowdfunded Game Mods," is about crowdfunded video game mods, which are one of the few forms of potentially unlicensed derivative content that generates revenue for creators. The blog discusses the shaky-to-nonexistent legality of this practice, but also why it has benefits for both the original publisher and the content creator. The blog also advocates for publishers to set clear standards for their mod community. Mikela chose this topic for its focus on paid fan-works and to provide some guidance to content creators who are unsure if they can use crowdfunding sites to monetize their content. Her blog can be found at the link below.

About the Author: Mikela Gassert is a UGA Double Dawg from Peachtree City with a political science major and a minor in film studies. Post-graduation, she hopes to serve the video game industry in her practice. She loves sweet desserts, esports, playing Pokémon Cards and creating animations.

https://jiplonline.com/2021/11/01/an-argument-for-embracing-the-legality-of-crowdfunded-game-mods/

10/11/2021

In her note entitled, “Private Lives at Home and Public Lives in Court: Protecting the Privacy of Federal Judges' Home Addresses,” Hannah Sbaity advocates for swift action on behalf of the 117th United States Congress to pass a law – preferably the original and unamended version of the Daniel Anderl Judicial Security Act – that both defines and protects federal judges’ home addresses as PII with prescribed causes of action and damages for violations of the law. Hannah’s note has been published in the Journal of Intellectual Property Law, Volume 28, Issue 2, which can be found at the link below.

Hannah is JIPL's Editor-in-Chief. She is a first-generation Lebanese-American, born and raised in Georgia. Hannah is a proud Double Dawg with degrees in Political Science and International Affairs. She is the first in her family to attend law school. At Georgia Law, she co-founded the Middle Eastern Law Student Association (MELSA) and has been a part of the Wilbanks Child Endangerment and Sexual Exploitation (CEASE) Clinic. Having externed for a federal judge for 8 months, Hannah personally observed the importance of privacy for judges and their families. After reading about the tragedy that struck the Salas family, she decided to dedicate her Note to highlighting privacy necessities for federal judges' home addresses in a digital age. Following graduation, Hannah will be working at Penn Law LLC in Atlanta, Georgia where she will continue her passion of representing survivors of childhood sexual abuse and exploitation.

https://digitalcommons.law.uga.edu/jipl/vol28/iss2/7/

09/21/2021

In his note entitled “Boss Battle: Twitch vs Proposed Amendments to the Knowledge Standard Under the Digital Millennium Copyright Act,” Zach Messick discusses how indirect theories of liability such as vicarious liability and contributory infringement have been inconsistently applied under the Digital Millennium Copyright Act, leading the Copyright Office to recommend lowering the knowledge standard and increasing potential liability for Online Service Providers. Through a case-study of Twitch, Zach discusses how the proposed amendments drive against the policies underlying the indirect theories of liability and would destroy OSPs like Twitch, and proposes a new licensing scheme that more effectively addresses the difficulty of detecting infringement online. His note has been published in the Journal of Intellectual Property Law, Volume 28, Issue 2, which is available at the link below.

About the Author
Zach Messick was born and raised in Charleston, South Carolina before earning a degree in Bioengineering from Clemson University. As a longtime video game fanatic, Zach followed Twitch’s rise as a platform and its unique copyright problems under the Digital Millennium Copyright Act (DMCA). When the Copyright Office published its recommendations for amending the DMCA in the Summer of 2020, questions about how the proposed changes would affect Twitch naturally arose. Zach was particularly interested in whether the new law would achieve a more efficient system of protecting the interests of copyright holders and websites. After graduation, Zach will join Knobbe Marten’s San Diego office where he will prosecute patents and assist the firm’s litigation group.

https://digitalcommons.law.uga.edu/jipl/vol28/iss2/6/