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We are delighted to report that Janet Fries has joined the firm as Of Counsel. Janet will continue her representation of authors, artists, art collectors, estates of artists, art organizations, musicians, filmmakers and producers in connection with contract negotiation and preparation, copyright and trademark protection and enforcement and related matters. Among other extracurricular co [ ... ]

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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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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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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 the legal and ethical issues posed by similar technology already in development. Fast forward, only th [ ... ]

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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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