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Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

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

Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence...more

Diverging International Approaches to the Copyrightability and Authorship of AI-created Works

When can a work created using artificial intelligence ("AI") be copyrighted? And, if an AI-enabled work can be copyrighted, who is the "author"? The Beijing, China Internet Court took a different approach than the U.S....more

An Opportunity to Chime In on Generative AI: Copyright Office Seeks Comments

On August 30, 2023, the U.S. Copyright Office published a Notice of inquiry and request for comment in the Federal Register (the "Notice"), seeking input from the public on various copyright law and policy issues relating to...more

D.C. Federal District Court Holds Work Created Entirely by an AI System Cannot Be Copyrighted

On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's...more

"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more

Jack Daniel’s v. VIP Products: Supreme Court Clarifies When Rogers Test Applies in Trademark Cases

On June 8, 2023, the Supreme Court issued a highly anticipated decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, No. 22-148 (U.S.). The decision left intact existing legal protections for the use of trademarks...more

Supreme Court Hands Twin Victories to Online Services

Twitter v. Taamneh and Google v. Gonzalez rulings address Section 230 of the Communications Decency Act - The Supreme Court ruled in two long-awaited cases on May 18, handing twin victories to online services. These...more

Pop Art Flop: Supreme Court Rules Against Warhol Foundation

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of...more

I Can't Get No Compensation: AI Image Generators and Copyright

Some say Pablo Picasso coined the adage, "good artists copy and great artists steal." Whether or not Picasso was truly the originator of the phrase, it captures a tension underlying copyright law. When is a work merely...more

Show the Good With the Bad (and the Ugly): FTC Takes Aim at Third-Party Review Suppression

For the first time, the Federal Trade Commission (FTC) has taken aim at a company's failure to publish negative customer reviews on its website, claiming such a practice is deceptive and violates the FTC Act....more

Senators Propose Substantial Revisions to Section 230's Protections for Online Providers

On February 5, 2021, three Democratic Senators released the SAFE TECH Act, which aims to require online service providers to address fraud, harassment, and the use of social media to organize extremist violence. If passed,...more

Dead Celebrities and Digital Doppelgangers: New York Expands Its Right of Publicity Statute and Tackles Sexually Explicit...

In the Empire State, the right of publicity remains alive and well—including (soon) for celebrities who are, well, no longer alive. New York has expanded its nearly 120-year old statutory regime to provide a post-mortem right...more

Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Executive Order "Clarifies" (Rewrites) Online Speech Protections

A May 28, 2020, Executive Order claims to "clarify" a vital protection for internet speech, Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and proclaims that online platforms are public forums under the First...more

Courts Have Construed DMCA Too Favorably for Online Providers, Copyright Office Says

In its "first full analysis" of whether section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is… achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

2nd Circuit Resolves Key Issues in Copyright Case

Last week, the 2nd Circuit published an opinion that resolved several significant copyright issues, including conflicts concerning the discovery rule, the recovery of damages accrued before the Copyright Act's three-year...more

5/20/2020  /  Copyright , The Copyright Act

Grindr and Armslist Cases Reaffirm Core Protections for User-Generated Content

Sometimes, bad facts don’t make bad law. Two recent decisions confirm that a federal immunity protects websites from claims that they allowed their users to post content that ultimately caused injury or even death. ...more

Reminder: By December 31, 2017, Online Service Providers Must Re-Register DMCA Agents Registered Before December 1, 2016

December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium...more

Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

Earlier this month, the Ninth Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act if its moderators help select...more

Protecting the Right to Complain: The Consumer Review Fairness Act of 2016

On December 14, 2016, President Obama signed into effect the “Consumer Review Fairness Act of 2016” (the “Act”), making it more difficult for businesses to bring lawsuits over negative reviews. The Act, which passed with...more

Read This If You Have a Website!

On Oct. 26, the Copyright Office published a notice of its final rule governing how online service providers must designate their "agent" for infringement notifications pursuant to the Digital Millennium Copyright Act, 17...more

Second Circuit Denies Section 230 Immunity for Acts of Affiliate Marketers

The Second Circuit became the third federal appellate court ever to deny immunity under Section 230 of the Communications Act, 47 U.S.C. § 230, which provides broad protection for content supplied to websites by their users....more

Internet Service Providers and Oldies Fans Rejoice: Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

The Second Circuit’s decision last week in Capitol Records, LLC v. Vimeo, LLC was a victory for internet service providers who host third-party content. It plugged a major loophole in the DMCA safe harbor for information...more

Shooting the Messenger? Websites could face greater liability for third-party content in the EU

Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search...more

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