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.