The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in Washington, DC. The topic of the conference was "Public and Private Power: Preserving Freedom or Preventing Harm?" The panel covered "IP Law and Culture."
A perennial debate about intellectual property and culture is how intellectual property laws enhance or restrict the ability of people to contribute to and build a culture. The Supreme Court has described copyright as "the engine of free expression," but criticisms frequently arise when intellectual property law prevents people from using the work of others to express themselves. In the trademark context, recent Supreme Court decisions struck down the prohibition of federal trademark registration for immoral, scandalous, and disparaging marks as a violation of First Amendment speech rights. Some argue that the Court’s reasoning should further be applied to strike down most federal Trademark Dilution claims, which allow brand owners to sue those who use their trademarks in ways that blur or tarnish the trademark. The debate regarding copyright fair use also continues to rage on, pitting the rights of original creators against the ability of appropriation artists and others to use those original works.
This panel will consider these longstanding controversies in light of recent developments.
Featuring:

Prof. Lisa Ramsey, Professor of Law & Founding Member, Center for Intellectual Property Law and Markets, University of San Diego School of Law
Prof. Robert Spoo, Associate Dean for Faculty Development & Chapman Distinguished Professor of Law, University of Tulsa College of Law
Hon. Karyn Temple, Senior Executive Vice President and Global General Counsel, Motion Picture Association; Former Register of Copyrights and Director, U.S. Copyright Office.
Prof. Sandra Aistars, Senior Fellow for Copyright Research and Policy, Senior Scholar at the Center for Intellectual Property x Innovation Policy, Antonin Scalia Law School, George Mason University
Moderator: Hon. Ryan T. Holte, U.S. Court of Federal Claims