Tag: Copyright
Posthumous art, defined as works created from an artist’s original molds, negatives or plans after an artist’s death, has always been subject to legal and ethical debate. Now, the debate has been reignited by artificial intelligence (“AI”), which generates new content in an artist’s style and may replicate an artist’s voice, image and likeness. The [...]
Read moreOn May 18, 2023, the Supreme Court, in a 7-2 opinion, affirmed the decision of the United States Court of Appeals for the Second Circuit in favor of photographer Lynn Goldsmith (“Goldsmith”) holding that the “purpose and character” of the particular commercial use by the Andy Warhol Foundation (“AWF”) of Goldsmith’s photograph did not meet [...]
Read moreUpdate: The Ninth Circuit case Diece-Lisa Industry, Inc. v. Disney Store USA LLC, U.S., No. 22-347, may shed some light on the line between artistic expression and source identification. Originally, the Rogers test had cleared Disney’s use of the mark at issue, but the case has been remanded in light of Jack Daniel’s Inc. v. [...]
Read moreThis 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 [...]
Read moreIn 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 [...]
Read moreThe 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 moreThis 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 moreItalian 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 [...]
Read moreAs 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 [...]
Read moreThis 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 [...]
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