By Khala K. Turner Saint Louis University School of Law Juris Doctorate Candidate, 2022 Shiver and Duke, a creative company based in Atlanta, is up against Chanel in New York federal court as a potential first sale doctrine fatality. In February 2021, Chanel filed suit against the e-commerce-based company after it noticed its jewelry products were being redistributed in interstate…
By Annika Eckenrode Washington University Juris Doctor Candidate, 2022 In 2007, a video of a baby biting his brother's finger, entitled "Charlie Bit My Finger", went viral on YouTube, receiving nearly a billion views since it was uploaded. Now, years later, the children in the video are teenagers who have made a major profit off of their childhood fame, as…
By Lauren Kinder Saint Louis University School of Law Juris Doctor Candidate, 2023 Amazon has become a household name generally associated with endless buying options, quick shipping, and cheap prices. Some sellers on this platform (and other platforms) are using a cheap courier or multiple couriers that can deliver their items at a low cost so they can use those…
By Benjamin Ogara Texas Tech University School of Law Juris Doctor Candidate, 2022 "Have you ever had your heart ripped out of your chest?" This is the first phrase many people heard when they came across a story of how P. Diddy, a well-known rapper and business mogul, announced he would be releasing an app called SHOP CIRCULATE that would…
By Leo Brenneman Washington University School of Law Juris Doctorate Candidate, 2023 The U.S. Department of Labor ("DoL") under the Biden Administration has withdrawn a regulation from the previous administration addressing whether a worker is an independent contractor or an employee under the Fair Labor Standards Act. The distinction between a contractor, like those at multi-m-contracting.com who provide many project…
By Heather Regnier University of Colorado School of Law Juris Doctorate Candidate, 2024 If someone created a painting using eight different acrylic paints, can someone else argue copyright infringement if their own painting was created using the same eight acrylic paints? Katy Perry’s defense attorneys effectively argued no, but they were not talking about paint. They were talking about musical…
By John-Charles Ward Washington University School of Law Juris Doctor Candidate, 2023 In 2018, the United States Supreme Court decided a case titled South Dakota v. Wayfair. The effect of the ruling was to expand states' taxing powers by giving them the ability to tax companies that sell to consumers within their borders but do not have a physical presence…
By Talia A. Lubin The University of California, Hastings College of the Law Juris Doctor Candidate, 2022 Does your skin belong to you? Most people would likely respond to that question with an emphatic, of course! But suppose another person's original artwork is inked under your skin so that it becomes a part of your physical body. Does that piece…
By Heather Regnier University of Colorado School of Law Juris Doctorate Candidate 2024 Hard work, time, money, and pride are the basic elements each artist puts into his or her creations. It is only natural for artists to feel the need to share their works with the world. Nowadays, social media platforms like Instagram are a nesting ground for artists…
By John-Charles Ward Washington University School of Law Juris Doctor Candidate 2023. At what point does a work of art — a photograph is a good example — move from being a copyrightable original work to an uncopyrightable slavish copy? What should we consider when making this decision? For the law at least, the hallmark of a copyrightable work is…