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Generating More Equitable Fair Use
Get PDFFrom advancing healthcare and education to threatening democratic systems, generative artificial intelligence (AI) has demonstrated a capacity to positively and negatively impact society. And these benefits and consequences are not shared equitably. Copyright law, however, stands as a powerful mechanism in monitoring AI system development. Several complaints have charged generative AI system developers with copyright infringement, alleging that (1) ingesting copyrighted works as training data infringes the copyright owner’s exclusive right to reproduce works in copies and (2) generating AI outputs infringes the exclusive right to prepare derivative works because the outputs are based upon the works on which the models are trained. The system developers argue that the copying is fair use. Fair use is one instrument courts use to achieve the primary goal of copyright law: “To promote the Progress of Science and useful Arts . . . .” Whether courts will hold that ingesting copyrighted works and generating AI outputs qualify as fair use is uncertain. Judicial efficiency and public policy suggest that a Supreme Court decision is inevitable. When choosing how to rule in generative AI cases, the Court must prioritize what is ethically responsible. This Comment urges the Court to consider additional factors in the fair use test for generative AI cases because the current goals of copyright law and the fair use doctrine will not adequately serve the public. That is, in addition to the current test that emphasizes whether the use is transformative, courts ought to consider costs to the public, mitigation efforts, compensation to creators, and ethical and social responsibility. In a landscape where AI can provide conspiracies, release misinformation, and exacerbate biases, the Court must respond swiftly to advance technology while protecting creators and promoting equity
Navigating High Seas Jurisdictional Challenges: Recommendations for Addressing Legal Authority of Incidents on Cruise Vessels
Get PDFThis paper examines the current investigation and jurisdiction challenges of cruise crimes on the high seas. The jurisdiction is split into four conditions, including flag state, victim state, suspect state, and coastal state. These conditions face systematic complications and a lack of conductive efficiency that increases the rate of criminals fleeing, bringing challenges from the jurisdiction, social insecurity, and international relations perspectives. This research assesses the current criminal cruise risks on international waters and the upward trend of perpetration reports, including missing individuals, sexual assaults, and murder cases. This article also introduces three alternative policies: sharing incident information and offering technical assistance from the International Criminal Police Organization (INTERPOL) with the jurisdiction countries, providing courses for the crew as well as passengers, and establishing protocols for security and infrastructure in response to the problems. In conclusion, this report recognizes the potential increasing threat of high seas cruise crime and the reasons behind the rising crime number and rate. The policy recommendations concentrate on increasing security for the expansive global cruise market
Shackles or Safeguards?: Tailoring NDAs and Noncompetes to Protect Interests Without Imposing Uniform Restraints
Get PDFTo better understand the implications of the FTC’s sweeping proposal and the need for a state-by-state approach, the following sections dive into the legal, historical, and comparative foundations of restrictive covenants, trace their evolution across jurisdictions, and explain why states—not federal agencies—are best positioned to strike the right balance. Part II provides an overview of legal doctrines governing the transmission of proprietary information, a history of the early applications of employment contracts, and a comparative analysis of international noncompete standards. Part III describes how different jurisdictions apply trade secret, contract, and employment law to protect business interests through enforceable agreements. Part IV outlines the criteria courts use to determine whether an employer interest is protectable. Part V examines the differing approaches states take when enforcing employment contracts. Part VI critiques the Federal Trade Commission’s (FTC) proposed nationwide ban on NCAs (and certain NDAs), arguing that it oversteps federal authority and threatens to displace state-specific frameworks. Finally, Part VII proposes NDAs as a more precise and enforceable alternative to NCAs–– one that balances innovation and mobility without the overreach of a one-size-fits-all federal ban
Have You Been Duped? Counterfeiting and Contributory Trademark Infringement in the World of E-Commerce, Social Media, and Influencers
Get PDFThis paper will address how social media platforms and individual influencers can be held liable for contributory trademark infringement by analyzing relevant case law, empirical data, and social media trends such as dupe culture. Part II provides an overview of trademark law, including a discussion of the consumer, the Lanham Act, counterfeiting, and different types of infringement. Part III analyzes relevant case law and the weak standard courts use to asses contributory liability claims. Part IV discusses counterfeits and dupe culture, focusing specifically on TikTok and DHgate. Part V discusses influencers and the role they play in disseminating and popularizing counterfeits. Parts VI and VII, respectively, analyze the ways in which TikTok and individual infringement. Part VIII provides a variety of possible solutions to the issues discussed in this paper and discusses ways that brand owners can protect their marks. Finally, Part IX is a brief conclusion of this paper, reiterating that it is possible for social media giants and influencers to be held liable for contributory trademark infringement
The Christian University & the Academic Establishment
No full textThe Christian University & The Academic Establishment is a compelling exploration of the challenges facing Christian higher education in America today. Written by a seasoned professor with nearly four decades of experience, this book delves into the historical and ideological tensions that threaten the identity of Christian universities. From the origins of academic freedom and tenure to the rise of leftist ideologies like Critical Race Theory and postmodern activism, the author critiques the secular pressures eroding faith-based institutions. Drawing on landmark cases like Dartmouth v. Woodward and the AAUP\u27s 1915 Declaration, the text offers a robust defense of Christian education\u27s unique mission. Blending personal reflection with scholarly analysis, Highfield argues that a true Christian institution must remain an extension of the church\u27s witness, grounded in biblical truth. Ideal for educators, administrators, trustees, and anyone passionate about the future of faith-based learning, this book challenges readers to rethink the purpose of higher education in a secular age. Perfect for those seeking to preserve a Christian worldview in academia, it\u27s a must-read for navigating the complex landscape of modern universities. -- Back coverhttps://digitalcommons.pepperdine.edu/facultybooks/1258/thumbnail.jp