Kat Von D: Tattoos & Fair Use
The issue of fair use has been a hotly contested topic for decades. Fair use protects the idea that art often builds off of other art. It can be difficult to strike the proper balance between protecting an artist’s right to their art and honoring the collaborative nature of creative expression. Song parodies are one common example of the types of art protected by fair use. The concepts behind fair use trace their roots back to the 1800s, but fair use itself was not codified into U.S. law until the Copyright Act of 1976, 17 U.S.C. § 107 (the Act). Even after the Act, fair use was characterized by the U.S. Supreme court as an affirmative defense until Lenz v. Universal Music Corp. in 2015. In 2021, a lawsuit was filed under the Act against celebrity tattoo artist and businesswoman Kat von Drachenberg, more commonly known as “Kat Von D”….
Read MoreMeet Brianna Brooks and Vincent Aprile – Winter 2024 SBEC Student Attorneys!
Hey everyone! My name is Brianna Brooks, and I am a current second-year student at Elon University School of Law. Before coming to Elon, I lived in Deep Run, North Carolina, and went to school in Kinston, North Carolina. After high school, I attended North Carolina State University (NC State) in Raleigh, North Carolina, where I earned two Bachelor of Arts degrees in Political Science and Criminology, while also double minoring in Spanish and Africana Studies in three years. I started at Elon in the fall after graduating from NC State. Since starting at Elon, I have had the privilege of being a part of many organizations and clubs. Currently, I am a Diversity Fellow, Academic Fellow, Elon Reaches Out Co-Chair, Mentor, Professionalism Chair for the Black Law Student Association, and Treasurer for the Military Law Society as well as a member of a host of other clubs and organizations….
Read MoreMeet Winter 2024 Student Attorneys Hannah McCabe and Brooke McCormick!
Hello! I am Hannah McCabe, a 2L at Elon University School of Law. I am originally from a small town in Central Texas. I attended Texas Tech University in Lubbock, Texas, where I obtained a B.A. in Journalism with a concentration on International and Intercultural Communications. I have known since I was 10 that I wanted to become a lawyer, and upon graduating Texas Tech I moved to North Carolina to begin my journey of achieving this goal. At Elon Law, I am involved in the Business Law Society, and am currently the Editor-In-Chief of We The People, Elon’s Constitutional Law Journal. Next trimester, I will be completing my residency with Expro, an oil and gas company in Houston, Texas. I have had a passion for business law since I was in high school. Small businesses make the economy greater, and those that start their own business have a passion…
Read MoreMeet Anna Nash and Cate Bleuel – Winter 2024 Student Attorneys!
Hi everyone! My name is Anna Nash, and I am currently a 2L at Elon University School of Law. I am originally from just outside of Baltimore, Maryland, but moved to North Carolina in 2018 to pursue to Bachelor of Science from East Carolina University. I graduated from East Carolina in May 2022 with a degree in Interpersonal and Organizational Communication and a minor in Hispanic Studies. Immediately upon graduating from East Carolina, I moved to Greensboro to begin my law school journey. Throughout my time at Elon Law, I have been an Advocacy Fellow and an Academic Fellow. Additionally, I am part of the Family Law Society and First-Generation Law Students Society. Next trimester I will be completing my Residency with the Honorable Judge Vickery at the Forsyth County District Court. My past legal experiences have been in Family Law with AN|R Law and Michael & Russell, PLLC….
Read MoreEmployees v. Independent Contractors – Uber and Lyft
On November 2, New York Attorney General Letitia James announced that rideshare companies Uber and Lyft will pay a combined $328 million to settle claims that the companies cheated its drivers out of pay and benefits. The settlements resolve a multi-year investigation by James’ office into the companies that found that, from 2014 to 2017, Uber deducted sales taxes and Black Car Fund fees from its drivers’ wages when those taxes and fees are meant to be paid by passengers. The company also misrepresented the deductions made to drivers’ wages in its terms of service by telling drivers it would only deduct its commission from the drivers’ fare, rather than his or her pay. Uber also told its drivers they were “entitled to charge [the passenger] for any tolls, taxes or fees incurred,” though no method was ever provided to do so in the app. Lyft engaged in similar practices…
Read MoreNussbaum and SCORE
Acknowledging that the process of creating and starting a business is daunting, Greensboro houses one of the largest State-designated small business incubators in North Carolina. Established in 1987, the Nussbaum Center is a 501(c)(3) non-profit catering to entrepreneurs and young businesses that provides office spaces, meeting and manufacturing spaces, and business coaching through a partnership with SCORE. As of 2012, businesses associated with the Nussbaum Center have generated $100 million, and 78% of graduates are still in operation today. The Nussbaum Center has made a name for itself and its associated businesses in North Carolina and Greensboro in particular, creating a central space for businesses to get support. You can learn more about the Nussbaum Center at https://nussbaumcfe.com/. SCORE NC Piedmont Triad, an organization located at the Nussbaum Center, is a team of volunteer business mentors who dedicate time to aiding entrepreneurs interested in starting small businesses or growing existing…
Read MoreWhat to expect from the Corporate Transparency Act effective January 1, 2024?
The Corporate Transparency Act, passed in 2021, introduced significant changes related to the disclosure of corporate ownership meant to enhance transparency and combat illicit activity such as money laundering and tax fraud. The effective date for the Act is quickly approaching and will be enforced starting January 1, 2024. In the past, entities could bypass disclosing their information by retaining a third party to act a registered agent. Now, certain corporations and LLCs will need to report information about their beneficial owners. What does this look like for the small business owners and entrepreneurs that are looking into filing a new entity with the Secretary of State? This act will affect reporting companies. “Reporting Companies” are those that are created by filing with the Secretary of State, such as Corporations, Limited Liability Companies, Limited Liability Partnerships, Limited Liability Limited Partnerships, and Business Trusts. These entities, starting January 1, 2024, will…
Read MorePrivate Inurement, Private Benefit, and Why it Matters
A common question among entrepreneurs is whether it is possible to operate a for-profit business with one or more non-profit arms. While such business plans may be the product of good intentions, there are a couple legal concepts to keep in mind as potential drawbacks of such a business structure: private inurement and private benefit. Private Inurement refers to circumstances in which the earnings, assets, or resources of a non-profit organization benefit, or are used for the personal gain of, individuals or entities that have a close relationship with the organization such as its founders, board members, officers, or employees (typically called “insiders”). Issues arise when these assets or resources are transferred to or used by insiders for purposes unrelated to the non-profit’s stated tax-exempt purpose. Private Benefit, a much broader rule, prohibits tax-exempt organizations from using assets to benefit the interest of any private individual, business, or non-charitable entity….
Read MoreAI and IP
With the use of artificial intelligence increasing rapidly, it raises many questions in the legal world of intellectual property. Does AI generated work have copyright protection? Who owns the work? Does it infringe on others? While there have been lawsuits surrounding the issue, the courts and the United States Patent and Trademark Office (USPTO) have not had much of an opportunity to tackle the issue of whether legislation is needed to clarify the Copyright Act to include language surrounding generative AI. Currently under the Copyright Act, protection applies only to works created by human beings. With AI being able to create many different things such as code, images, and even entire websites, questions around AI being used to create copyrightable work is becoming a big question that needs to be answered. As of now, the courts have not decided whether AI authored works will be entitled to this protection nor…
Read MoreSo you have an idea and want to start a business?
Trying to navigate the massive amounts of information available can be extremely overwhelming. Here are a few things you may want to contemplate when considering starting a business. To start, creating a business plan and selecting the location in which you plan to run your business are helpful. Different jurisdictions have different laws that regulate your new business. It is most common to choose the state in which you will be primarily conducting business. Next, creating a mission statement and goals as to what the business wishes to accomplish are important in creating your personal “brand”. It also allows for you to share your vision for the business, your purpose in creating the business, and lastly the core values that your business holds and that guide the decision-making. One of the most important steps is to decide on the type of business structure you wish to create. Depending on which…
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