The Briefing: New California Laws for Digital Replicas Both Live and Dead
(Podcast) The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
(Podcast) The Briefing: “Hold On” – You Can’t Use That Music in Your Presidential Campaign
The Briefing: “Hold On” – You Can’t Use That Music in Your Presidential Campaign
(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson [PODCAST]
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Your AI Compliance Playbook: Case Studies in Business & Legal Risk Management
The Briefing: Another Court Gets It Right in Tattoo Copyright Dispute
The Briefing: Paramount Splashes Top Gun Maverick Copyright Lawsuit
On October 25, 2024, the Librarian of Congress Carla Hayden adopted a final rule granting exemptions to a Digital Millennium Copyright Act (DMCA) provision that prohibits circumvention of technological measures that control...more
Two years ago, the Colorado State Fair’s annual art competition sparked controversy after awarding a blue ribbon to a work generated in part by A.I. Jason Allen, the artist responsible for the work, said at the time, “I won,...more
The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more
Several Representatives, including both Democrats and Republicans, have introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024’’ (NO FAKES Act) in the House of Representatives....more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of which appears above) and the district court's affirming of the refusal, programmer...more
In today’s digital age, artificial intelligence (AI) has rapidly advanced, bringing with it unprecedented opportunities — and challenges. One of the most pressing issues is the rise of AI-generated digital replicas, commonly...more
Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more
The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more
As we continue to see AI steadily and increasingly be incorporated into service offerings, businesses should pay special attention to previously “standard” provisions when contracting for the provision and use of services...more
The Situation: In early 2023, the U.S. Copyright Office ("Office") launched a new initiative to examine the intersection of copyright law and artificial intelligence ("AI"). Later that year, the Office issued Registration...more
Given the introduction of the ‘NO FAKES’ Act by a bi-partisan group of senators within days of U.S. Copyright Office’s release of its digital replicas report asserting an “urgent need” for more cohesive protections at the...more
The US Copyright Office has issued a report in which it recommends passage of a federal law that would create a form of property right in a person’s digital replica....more
With the influx of generative artificial intelligence (“AI”) tools and applications becoming readily available online, it is increasingly important to assess whether AI-generated works can obtain intellectual property...more
The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more
The U.S. Copyright Office is tackling the issue of digital replicas -- videos, pictures or audio recordings digitally created or manipulated to falsely depict an individual – and is calling on Congress to pass a federal law...more
The United States Copyright Office has released the first in a series of reports relating to the implications of AI on copyright law and policy, urging the creation of new federal law addressing deepfakes. This article...more
Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S....more
On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more
Now nearly a year on from its 2023 Notice of Inquiry, the U.S. Copyright Office has now released Part 1 of its findings and recommendations on the legal and policy issues at the juncture between artificial intelligence (AI)...more
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more
The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more
OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...more
Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more