Professor Justin Koo examined how a fair use doctrine might be constructed from the ground up in Commonwealth countries that currently rely on more limited fair-dealing regimes. Professor Emma Perot critiqued New York’s “substantial fictionalisation” test under its right of publicity law. She contrasted it with California’s more speech-protective framework and raised nuanced questions about copyright preemption and the role of defamation.
The conversation continued with Professor Dustin Marlan’s project, “The Arbitrary Myth.” This work questioned the foundational logic behind the Abercrombie spectrum of trademark distinctiveness, particularly the privileged status of so-called “arbitrary” marks. Professor Tim McFarlin acknowledged the omnipresence of AI discourse but used it as a jumping-off point to explore deeper questions of authorship and temporal boundaries in copyright law. He focused his discussion on the statute of limitations and its implications for defining creative ownership.
The panel‘s broad range of perspectives and thoughtful critiques underscored the richness of IP scholarship beyond AI, demonstrating that the field remains a fertile ground for legal innovation and debate.