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Owning Your Sound: Lessons from Taylor Swift's Master Rights Battle
July 25th, 2024
In relation to a recorded musical performance, there are three things that can be protected by copyright: the lyrics the music (musical notes in sequence) the recording of the performance of the lyrics and music (in the studio or in concert) As the U…
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Categories: Copyright
Media vs. AI: Copyright Battles Escalate as More Papers Sue
July 8th, 2024
Several recent developments have occurred in intellectual property law disputes over the use of generative artificial intelligence (GAI or GenAI). In April, eight major US newspapers filed suit in federal court in the Southern District of New York, a…
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Categories: Copyright
What to do if someone claims you have an infringing picture on your website
January 22nd, 2024
What should you do if you get a scary letter on law firm letterhead claiming that a photo on your website or in your social media post infringes someone’s copyright and demanding thousands of dollars in damages? Your first step should be to call yo…
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Categories: Copyright
New York Times Sues OpenAI and Microsoft for Copyright Infringement
January 9th, 2024
At the end of December, the New York Times sued OpenAI and Microsoft for copyright infringement, claiming that their generative AI (GAI or GenAI) tools were trained on articles published by the Times without its authorization. There have been similar…
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Categories: Copyright
Court Dismisses Netflix “Tiger King” Tattoo Copyright Case
December 8th, 2023
A US district court has granted Netflix’s motion to dismiss a claim for copyright infringement by a tattoo artist whose work was shown in the Tiger King series. The case is Cramer v. Netflix, Inc. In March 2020, early in the COVID-19 pandemic, Moll…
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Categories: Copyright
Third Circuit Deems Watermelon Candy Color and Shape “Functional”
November 16th, 2023
The Third Circuit has upheld a district court’s decision that a candy company may not trademark the color and shape of its watermelon candy because these features are “functional”: they tell consumers that the candies are watermelon flavored. T…
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Categories: Copyright
IP in the Fashion Industry
October 12th, 2023
After enduring years of pandemic-related restrictions, lockdowns, layoffs, and uncertainty, nations across the globe are gradually reopening. Employees return to their offices as restrictions ease, and consumers seek new products to embrace a post-pa…
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Does using art to train AI violate copyright law?
October 3rd, 2023
We’ve previously discussed the uproar over copyrighted works being used to train artificial intelligence (AI) tools to create “new” works using generative AI software like ChatGPT. Reuters reports that a group of artists sued Stability AI, Midj…
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AI Training Models and Website Terms of Use
September 19th, 2023
We’ve been writing about artificial intelligence (AI) a lot recently, and for good reason. AI technology is improving rapidly–especially in generative AI (GAI) – and influencing everything from venture capital investments to Hollywood strikes t…
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Categories: Copyright
Trademark Board Finds Building Designs Can Be Protected as Trade Dress
August 22nd, 2023
The Trademark Trial and Appeal Board (TTAB) has ruled that building designs can potentially be protected as trade dress. As Nolo explains, Trade dress is the overall appearance or total feel of a particular product or service. It consists of all the…
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Categories: Copyright
