Copyrights

  • The FTC said that the misuse of training data like infringing on a work's copyright license is tantamount to unfair competition, thus implicating consumer protection with copyright policy and securing the agency's jurisdiction in the regulatory space.

    January 01, 2024Isha Marathe
  • Ninth Circuit Upholds Copyright Infringement Dismissal In 'Jangle Vision Twins' Case

    December 01, 2023Howard Shire and Justin Tilghman
  • In August, the U.S. District Court of the District of Columbia affirmed the U.S. Copyright Office's denial of a copyright application for a visual piece of art generated entirely by an artificial intelligence-driven computer called the "Creativity Machine." Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."

    October 01, 2023Richard L. Hathaway
  • The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was "autonomously created by a computer algorithm running on a machine," which the plaintiff called the Creativity Machine and identified as the "author" of the work.

    October 01, 2023Robert W. Clarida and Thomas Kjellberg
  • The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.

    September 01, 2023Edward D. Lanquist and Dominic Rota
  • Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.

    September 01, 2023Thomas Kjellberg and Robert W. Clarida