As of this writing, the Trump Administration’s tariff policies remain in flux, with multiple changes to the affected countries, tariff rates, and the duration of tariffs which will be imposed on foreign imports. Therefore, both large and small businesses are assessing the impact of the increased tariffs. One unintended consequence of higher tariffs is that […]
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The De Minimis Doctrine: When Is Copying Too Trivial?
Although infrequently discussed in the case law, the de minimis doctrine is an important aspect of copyright law that protects creators from claims of infringement for uses of the works of another that would otherwise be considered substantially similar. The doctrine, which allows instances of trivial copying which would otherwise be infringement, comes from the legal […]
Read moreUSPTO Home Address Rule
A 2019 United States Patent and Trademark Office (“USPTO”) rule making domicile address reporting on trademark applications more stringent spurred concern regarding the policy’s privacy implications. However, on October 7, 2024, the U.S. Supreme Court denied a petition for certiorari in Chestek PLLC v. Vidal, 2024 U.S. Lexis 3347 (2024), leaving in place the domicile […]
Read moreAI and Its Impact on the Fashion Industry
Fashion industry professionals disagree as to whether Artificial Intelligence (AI) is a valuable tool for the industry or a force that will result in job losses and stifle imagination and innovation. In the former camp, Matthew Drinkwater, head of London College of Fashion’s Innovation Agency, believes AI could prove to be a “hugely beneficial tool” for creatives […]
Read morePreserving Cultural Heritage: Some Updates
From time to time we report on significant developments – positive and negative – in the preservation of cultural heritage. Below are some updates to prior reports and new items of interest. Showcasing of Hindu Temple Backfires Earlier this year we reported on the consecration of the Ram Mandir temple in Ayodhyh, India, a northern […]
Read moreAmerican Privacy Rights Act Draft Update July 2024
The American Privacy Rights Act (“APRA”) is the most recent effort by Congress to create a comprehensive consumer privacy law. Senator Maria Cantwell (D-WA) and Representative Cathy McMorris Rodgers (R-WA) introduced the bill in April, and the U.S. House Committee on Energy and Commerce Subcommittee on Data, Innovation and Commerce unanimously approved an updated draft […]
Read moreLegal and Ethical Issues in Posthumous Art and Artificial Intelligence
Copyright Law
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Entertainment, Culture and the Arts
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Privacy, Artificial Intelligence and Cybersecurity
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 […]
Read moreFacial Recognition Technology and Its Application in Educational and Other Sensitive Settings
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. Outside the […]
Read moreComprehensive State Consumer Privacy Laws
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 […]
Read moreDeepfakes, Rights of Publicity and Proposed Legislation
Advancements in deepfake artificial intelligence (“AI”) are increasingly being used to swap faces from an image or video, manipulate facial expressions and synthesize faces or speech. However, these replicas of the voice, image or likeness of individuals raise growing concerns as to the patchwork of right-of-publicity laws and the need for a national framework to […]
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