Copyright Archives - Lutzker & Lutzker

Copyright in AI-Generated Artwork

susanOctober 25, 2022November 2, 2022

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 […]

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

susanAugust 30, 2022September 2, 2022

Carolyn Wimbly Martin and Charlotte Cuccia

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 […]

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

susanAugust 23, 2022August 26, 2022

Susan J. Lutzker

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 […]

E-books and Libraries: State Legislation and Ongoing Lawsuits

susanApril 5, 2022April 12, 2022

Carolyn Wimbly Martin and Charlotte Cuccia

As we reach the two-year anniversary of COVID-19 lockdowns in the United States, remote work remains a part of daily life. Over half of Americans whose jobs permit them to work from home are doing so, and 78% of those currently working from home all or most of the time would like to continue to […]

Andy Warhol Decision Spells Stronger Rights for Photographers Fighting Infringers: Second Addendum

susanMarch 29, 2022March 30, 2022

Susan J. Lutzker

This post is an update. Read the original post here and the first addendum here. We have previously discussed the decision of the U.S. Court of Appeals for the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021). Reversing the district court, a three-judge panel of the […]

Copyright and Privacy for Content Creators

susanMarch 16, 2022March 30, 2022

Carolyn Wimbly Martin, Ethan Barr and Robert Piper

“And what do you do?” “Oh, I’m a YouTuber!” The number of Americans who derive at least a part of their yearly income from posting original content on the Internet exploded over the past decade. The rise of new platforms like TikTok and Instagram Reels, combined with the video sharing site YouTube, has unlocked a […]

50-Year Anniversary of Federal Copyright Protection for Sound Recordings

susanFebruary 11, 2022February 15, 2022

Ethan Barr

Sound recordings — i.e., the recorded versions of musical works — were not protected by federal copyright law until Congress passed legislation on February 15, 1972, giving them limited protection. Until the passage of Title II of the Music Modernization Act (“MMA”) in 2018, sound recordings created before February 15, 1972 were only protected to […]

An Expensive Copyright Mistake?

susanFebruary 3, 2022February 8, 2022

Susan J. Lutzker

We have previously written about some of the legal issues surrounding the current NFT craze. Issuing an NFT presumes that the creator of the NFT owns the necessary rights to the underlying work. Did the group Spice DAO misunderstand this, costing them $3 million and a lot of embarrassment? Spice DAO stands for Spice Decentralized Autonomous […]

Free the Australian Indigenous Flag: Addendum

susanJanuary 25, 2022January 27, 2022

Susan J. Lutzker

This post is an update. Read the original post here. The “Free the Flag” campaign in Australia has come to what is generally seen as a happy resolution. We previously reported on the long-simmering controversy over rights to the Aboriginal flag, which was designed in 1971 as a protest symbol by Indigenous artist and copyright […]

Fall 2021 Survey of Copyright, Trademark and Privacy Cases of Note Across the Federal Courts

susanNovember 23, 2021January 11, 2022

Carolyn Wimbly Martin and Margaret Horstman

On November 8, 2021, the Supreme Court heard oral arguments in the case Unicolors Inc. v. H&M Hennes & Mauritz LP, 2021 U.S. Dist. LEXIS 160223 (Aug. 20, 2021). The Justices were critical of Unicolors due to the company’s inconsistent arguments in its brief and petition for certiorari. Unicolors’ brief addressed what knowledge of application […]

Subscribe to our newsletter