Insights

Copyright and Photography: Russian Doll Copyright Infringement

Carolyn Wimbly Martin and Charlotte Cuccia

This post is the fourth in a series on Copyright and Photography. Read the original post here, the second post here, and the third post here. What is Russian Doll Copyright Infringement? Russian doll copyright infringement is a term applied to a situation where one copyrighted work is nestled within another copyrighted work, in the […]

Read more

Check Your List Twice Before Gifting a DNA Testing Kit This Holiday Season

Carolyn Wimbly Martin and Punita Patel

As the holidays approach, many may be considering gifting their loved ones DNA testing kits. However, we encourage you to learn more about the risk to you and your family’s data privacy when placing DNA gifts underneath the tree. These direct-to-consumer (DTC) genetic testing companies make promises about how your “privacy comes first,” but in […]

Read more

Andy Warhol and Photographers Take Their Case to the Supreme Court: Third Addendum

This post is an update. Read the original post here, the first addendum here, and the second addendum here. At the beginning of his oral argument before the Supreme Court, Roman Martinez, counsel for the Warhol Foundation, stated: … the stakes for artistic expression in this case are high. A ruling for Goldsmith would strip protection not just […]

Read more

Copyright in AI-Generated Artwork

The copyright status of AI-generated art is in turmoil to say the least. The U.S. Copyright Office has repeatedly refused to register a two-dimensional work by computer scientist Stephen Thaler called “A Recent Entrance to Paradise,” most recently in February 2022 when its Review Board denied a second request for reconsideration by Thaler. In his […]

Read more

EU Court Decision Invalidating Privacy Shield Results in Massive Confusion for U.S. Businesses: Second Addendum

This post is a second addendum. Read the first addendum here and the original post here. On October 7, 2022 President Biden issued an Executive Order strengthening safeguards to U.S. activities involving signals intelligence (that is, intelligence derived from electronic signals and systems). Signals intelligence is at the heart of the controversy surrounding the transfer of […]

Read more

Museums and Questions of Donor Morality: The Sackler Case: Addendum

We have written about recent large-scale removal of the Sackler name from museums in the United States and the United Kingdom. These actions followed persistent demands by artists for museums to disassociate the institutions from the owners of Purdue Pharma, the maker of OxyContin, which was blamed for fueling the U.S. opioid epidemic.  The most […]

Read more

Columbus Day or Indigenous Peoples’ Day?

We have written about the process of denaming and renaming schools and other institutions, public and private, as well as public spaces, both to erase associations with persons whose reputations have increasingly come into disfavor and to eliminate terms now considered derogatory. As we approach the fall holiday (October 10, 2022) that has been known as Columbus […]

Read more

Copyright and Photography: Exceptions and Special Cases

Carolyn Wimbly Martin and Charlotte Cuccia

This is the third Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here and the second post here. Previously, we have discussed high-profile, ongoing copyright cases that photographers should be aware of as well as best practices that can help protect photographers against infringement. Here, we […]

Read more

Resale Rights for Artists: New Developments

Canada may soon join France, the UK and more than 90 other countries in implementing a system of resale royalties for artists. Under the droit de suite (literally, “right to follow”), artists in those countries have a legal right to recoup a percentage of resales of their works. The droit de suite has never been […]

Read more

Copyright and Photography: A Practical Primer

Carolyn Wimbly Martin and Charlotte Cuccia

This is the second Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here. We have previously discussed several recent high-profile copyright disputes that are important for photographers to follow, particularly those which highlight the blurred line between transformative and derivative works. Here, we will discuss best […]

Read more