Insights

Copyright in AI-Generated Artwork

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

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 […]

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

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Susan J. Lutzker
Privacy, Artificial Intelligence and Cybersecurity

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 […]

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

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Susan J. Lutzker
Entertainment, Culture and the Arts

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 […]

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Columbus Day or Indigenous Peoples’ Day?

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Susan J. Lutzker
Entertainment, Culture and the Arts

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 […]

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Copyright and Photography: Exceptions and Special Cases

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

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 […]

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Resale Rights for Artists: New Developments

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Susan J. Lutzker
Copyright Law + Entertainment, Culture and the Arts

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 […]

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Copyright and Photography: A Practical Primer

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

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 […]

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Notes and Votes: Use of Copyrighted Music at Live Political Events: Addendum

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Carolyn Wimbly Martin and Charlotte Cuccia
Copyright Law + Entertainment, Culture and the Arts

This post is an update. You can read the original post here. From Ronald Reagan and Bruce Springsteen to Donald Trump and Neil Young, the contention between politicians and musical artists who find their copyrighted music being played in political campaigns is nothing new. Our earlier post discussed the use of this music at live […]

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Copyright Challenges on Both Sides of the Atlantic for Conceptual Artist Maurizio Cattelan

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Susan J. Lutzker
Copyright Law + Entertainment, Culture and the Arts

Italian artist Maurizio Cattelan, known for his satirical sculptures, has found himself in the unique position of being a defendant in unrelated copyright suits on both sides of the Atlantic. On July 8, 2022 a three-judge intellectual property court in Paris dismissed a claim by wax sculptor Daniel Druet seeking to be considered the “sole […]

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Copyright and Photography: An Overview of Ongoing Cases

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

This is the first Insight in a series addressing how photographers can exploit and protect their rights. The 2021 Google v. Oracle decision was viewed by many as blurring the line between transformative use of a copyrighted work and the author’s right to make a derivative work. This conflation was highlighted by the dissent, which argued […]

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