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Posthumous art, defined as works created from an artist’s original molds, negatives or plans after an artist’s death, has always been subject to legal and ethical debate. Now, the debate has been reignited by artificial intelligence (“AI”), which generates new content in an artist’s style and may replicate an artist’s voice, image and likeness. The discussion of posthumo [ ... ]

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Facial recognition technology (FRT), which measures an individual’s face to automate identity verification, dates back to the 1850s, when England introduced prison photography to track escaped prisoners. Now, sophisticated forms of FRT are used to unlock cellphones via facial identification features, by TSA agents to screen travelers and for policing sports stadiums and casinos. [ ... ]

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Passage of state-level comprehensive consumer privacy laws has picked up speed in the last twelve months, and the trend is likely to continue. As the state 2023-2024 legislative sessions end, a total of seventeen states have enacted their own omnibus privacy laws: California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Texas, Oregon, Delaware, New Jerse [ ... ]

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Daily news stories report on the research that museums are doing to identify objects that entered their collections illegally and the processes of repatriating objects to their countries of origin. Less has been written about the intangibles that have been lost along with the objects. Recently two unrelated efforts on different continents are attempting to recover lost histories. [ ... ]

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[caption id="attachment_1279" align="aligncenter" width="480"] Sony's Aibo Robotic Dog, Japan[/caption] When Nobel Prize winner Kazuo Ishiguro’s book, Klara and the Sun, was published in March 2021, it was promoted as a science fiction novel. However, as we discussed in a previous Insight, the concept of an “Artificial Friend” was not as futuristic as it appeared. We raised [ ... ]

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On June 13, 2024, the Supreme Court unanimously ruled that the phrase “Trump Too Small” is not eligible for trademark protection under the Lanham Act. The case, Vidal v. Elster, arose out of the denial by the Patent and Trademark Office (“PTO”) of Steve Elster’s trademark application for “Trump Too Small.” The Trademark Trial and Appeal Board (“TTAB”) affirmed the P [ ... ]

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