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 […]
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Copyright in AI-Generated Artwork
Copyright Law
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Entertainment, Culture and the Arts
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Internet and Social Media
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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 […]
Read moreEU Court Decision Invalidating Privacy Shield Results in Massive Confusion for U.S. Businesses: Second Addendum
This post is an update. Read the original post here, first addendum here and the third addendum 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 […]
Read moreMuseums 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 moreColumbus 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 moreCopyright and Photography: Exceptions and Special Cases
This is the third Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here, the second post here, the fourth post here, the fifth post here and the sixth post here. Previously, we have discussed high-profile, ongoing copyright cases that photographers should be aware of as well as best practices […]
Read moreResale 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 moreCopyright and Photography: A Practical Primer
This is the second Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here, the third post here, the fourth post here, the fifth post here and the sixth post here. We have previously discussed several recent high-profile copyright disputes that are important for photographers to follow, particularly those […]
Read moreNotes and Votes: Use of Copyrighted Music at Live Political Events: Addendum
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 […]
Read moreCopyright Challenges on Both Sides of the Atlantic for Conceptual Artist Maurizio Cattelan
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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