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Copyright Fair Use and The Dark Knight
Let's say we want to tell stories using Batman. The copyright on the original Batman comic does not expire until 2035. To what extent can we use Batman and rely on the fair use doctrine?
Navigating the Intricacies of Intellectual Property in Legal Tech: Lessons from Recent Cases
For the legal tech sector to continue its trajectory of growth and innovation, a deep and ongoing commitment to IP awareness and compliance is indispensable.
An Art Case That Shows the Internet Is Not a Copyright Free-For-All
David Marriott of Cravath, Swaine & Moore discusses his work on behalf of photographers Donald Graham and Eric McNatt whose images appropriation artist Richard Prince infringed in his Instagram-based "New Portraits" series.
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.
'Thomson Reuters v. Ross Intelligence': AI Copyright Law and Fair Use on Trial
Many more jury trials will be required if judges must refrain from deciding whether the purpose of a generative AI system's use of copyrighted material to learn language patterns is to produce a new product or to replicate the creative expression of the copyrighted material, according to Sushila Chanana and Vanessa K. Ing of Farella Braun + Martel.
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Texas Litigators’ Guide to Departing Employee Cases 2018
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'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.
Knock, Knock, It's the FTC—And It Wants to Regulate the Copyright Implications of AI
The Federal Trade Commission submitted a comment to the U.S. Copyright Office voicing its intention to investigate the copyright practices of AI developers who they believe are engaging in unfair competition—whether the companies infringed copyright or not.
The Impact of the Supreme Court's 'Goldsmith' Decision on Copyright Enforcement Against AI Tools
The U.S. Supreme Court's opinion in Andy Warhol Foundation v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
Copyrighted Content and the Legal Difficulties of Training AI
The primary legal difficulty associated with AI training is the acquisition and use of training data without the consent of the owner of said training data.
The Lanham Act Does Not 'Rule the World'
Despite the uncertainty raised by the recent SCOTUS decision in Abitron v. Hetronic International, it sends a clear message to rights owners (whether they be businesses, brands or individuals): obtain and enforce your trademark rights on a global basis because the Lanham Act does not "rule the world."TRENDING STORIES
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Law Firm Operational Considerations for the Corporate Transparency Act
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Countdown to Compliance: SEC Private Fund Reforms
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