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Copyright Office Denies Protection for AI-Generated Images
June 13th, 2023
The US Copyright Office has cancelled an attempt to register images created using an artificial intelligence (AI) tool. In 2022, Kristina Kashtanova sought and received copyright registration for an 18-page comic book titled Zarya of the Dawn. On the…
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Categories: Copyright
Removing copyright information doesn’t necessarily violate DMCA
The 11th Circuit has ruled that merely removing copyright management information (CMI) from photos doesn’t necessarily violate the Digital Millennium Copyright Act (DMCA). The case is VICTOR ELIAS PHOTOGRAPHY, LLC, v. ICE PORTAL, INC. Victor Elias…
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Categories: Copyright
Software Development: Who Owns What?
February 20th, 2023
Who owns what when a client hires a software developer? To avoid costly and disruptive disputes over intellectual property (IP) ownership, the parties’ respective rights should be clearly spelled out in a software development services agreement. Co…
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Categories: Copyright
The Pandemic and the Renaissance of Cybersecurity
January 30th, 2023
Keeping information secure is a top priority for most organizations, but the sudden shift to remote work during the COVID-19 pandemic has made it more difficult to prevent information leaks and cybersecurity threats. Cybercriminals are always looking…
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Categories: Copyright
Do website terms trump copyright law?
January 24th, 2023
The US Supreme Court may need to decide whether the US Copyright Act preempts breach of contract claims arising from website terms of services. In a pending petition for a writ of certiorari, the question presented is Does the Copyright Act’s preem…
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Categories: Copyright
Copyright and Patent Offices Call for Comments on NFTs
December 29th, 2022
The US Copyright Office and the US Patent and Trademark Office (USPTO) have announced that they will collaborate on a joint study of intellectual property (IP) issues related to non-fungible tokens (NFTs). This study was requested by Senators Patrick…
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Categories: Copyright
Bored Apes, NFTs, and Copyright
November 17th, 2022
As we’ve explained before, a Non-Fungible Token (NFT) isn’t a form of intellectual property. It’s not like a copyright, patent, or trademark. It’s closest to a form of receipt for a “unique” digital file. However, NFTs, since they involve…
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Categories: Copyright
Supreme Court Holds that Ignorance Can Excuse Inaccuracy in Copyright Registration
May 19th, 2022
The US Supreme Court has held that lack of either legal or factual knowledge can excuse inaccuracy in copyright registration. In Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., Unicolors owned copyrights in fabric designs. It sued H&M for…
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Supreme Court Takes on Warhol Copyright Case
May 5th, 2022
The US Supreme Court has agreed to hear an appeal in one of the most important copyright cases in recent years. On March 25, the Court agreed to consider whether Andy Warhol’s “Prince Series” of prints, based on a 1981 photograph of the late mu…
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Categories: Copyright
Dua Lipa Sued for Alleged Copyright Infringement
April 20th, 2022
Musical artist Dua Lipa has been sued twice in one week for alleged copyright infringement related to her 2020 single Levitating. The song was a hit, reaching number two on Billboards’ Hot 100. It was also reportedly the longest-running top-10 song…
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Categories: Copyright
