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March 14, 2024 | New York Law Journal

'Philpot v. Independent Journal Review'

In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
11 minute read
January 19, 2024 | New York Law Journal

Phone Home: Inflatable Alien Costume Held Copyrightable

To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.
6 minute read
January 03, 2024 | New Jersey Law Journal

Appellate Division Refuses to Assume Attorney-Client Privilege for Shareholders in Closely Held Corporations

"In our opinion on the first appeal, we declined defendants' request to adopt a rule where shareholders in closely held corporations are presumed to hold the privilege individually as distinct from the corporate entity," the opinion said. "We continue to decline to make that rule in this opinion."
5 minute read
December 05, 2023 | New York Law Journal

'Kerson v. Vermont Law School'

In 1993, Kerson and the Vermont Law School entered into an agreement for Kerson to paint two murals on the walls of the upper level of the Chase Community Center. During the summer of 2020, the law school's president received a petition demanding the removal of the murals. Kerson sued the law school, seeking a preliminary injunction enjoining it from placing panels over the murals, invoking his rights under VARA.
10 minute read
September 14, 2023 | New York Law Journal

'Thaler v. Perlmutter': AI Output is Not Copyrightable

The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was not the product of human authorship but was instead created by a computer algorithm. The sole legal issue of the case, Thaler v. Perlmutter, was whether a work autonomously generated by an AI system is copyrightable.
7 minute read
July 24, 2023 | New York Law Journal

Accrual of Authorship Claims: 'Finch v. Casey'

A discussion of 'Finch v. Casey' concerning 99 songs co-written by Richard Finch and Harry Wayne Casey—aka KC—while they were members of KC & The Sunshine Band in the 1970s. The case is "one of only a handful of cases touching on the interplay between the Copyright Act's statute of limitations, and its termination-of-transfer provisions."
9 minute read
May 19, 2023 | New York Law Journal

Copyright on the Bubble: A Look at 'Slice of the Ice' Dispute

With the Stanley Cup just around the corner, this month's column deals with a recent case from the U.S. District Court for the Eastern District of Pennsylvania, Grondin v. Fanatics, which involves an item of hockey memorabilia called "Slice of the Ice," a "Lucite sculpture in the approximate shape of the Stanley Cup, with a hockey puck–shaped piece in the center filled with melted ice gathered from the rink used in a prominent hockey game."
8 minute read
May 04, 2023 | The Recorder

On the Move: Tracking the Ins and Outs of California Lawyers

New hires, promotions and awards from across the California legal market.
4 minute read
November 17, 2022 | New York Law Journal

No Fair Use of Picasso Art Images: 'De Fontbrune v. Wofsy'

The U.S. Court of Appeals for the Ninth Circuit recently adjudicated a fair use claim involving photographs of hundreds of works by perhaps the only 20th century artist even more famous than Warhol: Pablo Picasso.
8 minute read
September 28, 2022 | New York Law Journal

'Hanagami v. Epic Games': One Small Step …

The question before the court was whether the alleged "sameness" was substantial enough to amount to copyright infringement.
8 minute read

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