Insights

The Writers Guild of America Strike, the Creative Industry and Artificial Intelligence

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Carolyn Wimbly Martin and Dana Sussman
Copyright Law + Entertainment, Culture and the Arts + Privacy, Artificial Intelligence and Cybersecurity

Update: On June 4, 2023, the Directors Guild of America (“DGA”) and the Alliance of Motion Picture and Television Producers (“AMPTP”) reached a tentative agreement, with ratification scheduled for June 6. AMPTP and the DGA have agreed that AI is not a person and therefore cannot be used to replace the duties performed by DGA […]

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Copyright and Photography: Vila v. Deadly Doll Holds That Photo of a Useful Article of Clothing with Copyrighted Artwork Is Not a Derivative Work

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Carolyn Wimbly Martin and Dana Sussman
Copyright Law + Entertainment, Culture and the Arts + Internet and Social Media

This post is the fifth in a series on Copyright and Photography. Read the first post here, the second post here, the third post here, the fourth post here and the sixth post here. On March 27, 2023, photographer Carlos Vila won a double victory in the United States District Court for the Central District of California in […]

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Internet Archive’s Open Library and Copyright Law: Third Addendum

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Carolyn Wimbly Martin and Dana Sussman
Copyright Law + Internet and Social Media + Nonprofit Organizations

This post is an update. Read the original post here, the first addendum here and the second addendum here. Throughout 2020, Lutzker & Lutzker published multiple insights relating to the copyright dispute between Internet Archive and four major publishing companies — Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & Sons Inc. and Penguin […]

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ChatGPT: Where Are We Now and the Opportunities and Challenges Ahead

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Carolyn Wimbly Martin
Copyright Law + Privacy, Artificial Intelligence and Cybersecurity

In this Insight we will address basic questions about the technology, the current flaws, the competitive and political landscape and the advancements on the horizon for various target audiences, including businesses, professionals and educational institutions. This article is intended as a summary only and not a deep dive into the details of the technology, nor […]

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#CultureCannotWait: The Work of ICCROM in Turkey and Syria

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Susan J. Lutzker
Entertainment, Culture and the Arts

Beyond the devastating human toll in Turkey and Syria, the media has occasionally reported on damage from the earthquake to historically significant buildings such as the Roman-Byzantine fortress at Gaziantep and the citadel at Aleppo. The extent of the damage, especially in remote mountainous communities, is still unknown. Less talked about, however, is the loss […]

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Copyright in AI-Generated Artwork: Addendum

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Susan J. Lutzker
Copyright Law + Entertainment, Culture and the Arts + Privacy, Artificial Intelligence and Cybersecurity

This post is an update. Read the original post here.  In October 2022 we reported that Kristina Kashtanova, a New York-based artist, received a copyright registration for a graphic novel with AI-generated artwork. We wondered whether this meant that the Copyright Office would register works with AI-generated elements if they also identified a human author or […]

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Interviews and Copyright

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Arnold P. Lutzker and Sara Etemad-Moghadam
Copyright Law + Internet and Social Media

An interview is a conversation between two or more individuals, where the interviewer asks a series of questions to which the interviewee responds, and both parties make comments. Problems with interview ownership can occur when the person being interviewed believes the interviewer has used their responses to mislead or portray them in a negative light […]

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Copyright and the Sale of Teaching Materials Online

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Carolyn Wimbly Martin
Copyright Law + Entertainment, Culture and the Arts + Internet and Social Media

Update: On March 2, 2023 TPT was acquired by IXL Learning, a developer of personalized learning programs used by millions of students around the world. Niche platforms like TPT (formerly known as Teachers Pay Teachers), an online marketplace for PreK-12 teachers to share and sell educational materials, have become important resources for the educational community […]

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Website Compliance and the Americans with Disabilities Act

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Carolyn Wimbly Martin and Sara Etemad-Moghadam
Internet and Social Media

Despite the flood of lawsuits alleging website violations of Title III of the Americans with Disabilities Act (42 U.S.C. § 12182(a), the “ADA”), the federal government has not yet promulgated accessibility regulations for websites. Although the Department of Justice (“DOJ”) published guidance on website accessibility in March 2022, it is still unclear what companies need to do […]

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Flora-Bama and Floribama: First Amendment Often Outweighs Trademark Concerns in Titles of Artistic Works

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Susan J. Lutzker
Entertainment, Culture and the Arts + Trademarks and Brand Protection

The Flora-Bama Lounge, Package and Oyster Bar (the “Lounge”) on the Florida-Alabama border is often rated as one of the best beach bars in the country. Throughout its colorful and storied history it has played host to many athletic and entertainment events. It plays an outsized role in the culture of this part of the […]

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