29 Dec, 2023 Mickey Mouse (Version 1.0) Enters the Public Domain in the U.S. By Brian Murphy So, it is happening. The animated short “Steamboat Willie,” which was released in 1928 and features an early version of Mickey Mouse,...
26 Dec, 2023 Hallmark Holiday Movies and the Scènes à Faire Doctrine By Brian Murphy During the holidays, the television in my octogenarian parents' home toggles back-and-forth between Fox News (my father's choice) and the...
19 Dec, 2023 U.S. Copyright Office Rejects Another AI-Assisted Work By Michael Ling On December 11, 2023, the U.S. Copyright Office continued its chain of rejections as it denied—for the second time—Mr. Ankit...
11 Dec, 2023 A Copyright Quiz: Find the Infringement! By Brian Murphy For many years, the plaintiff was part-owner and lead designer for a company that made stationery and office supplies. The plaintiff...
06 Dec, 2023 Plaintiffs' Argument that Meta's Large Language Model is an Infringing Derivative Work Makes Judge's Head Explode 🤯 By Brian Murphy Today I report on another opinion out of the Central District of California that addresses whether generative AI tools infringe upon the...
04 Dec, 2023 Two Courts, Two Ad Campaigns, and Copyright's Idea-Expression Dichotomy By Brian Murphy Lawyers say this to clients all the time: you can’t copyright an idea; copyright protection extends only to an author's original...
13 Nov, 2023 The Generative AI Journey Continues By Brian Murphy When it comes to tech powered by generative AI, we are on the verge of a Cambrian Explosion, a period during which we can expect an...
30 Oct, 2023 Court offers first glimpse into whether AI machine learning is copyright infringement or fair use By Jeremy Goldman As we previously blogged, multiple generative AI platforms are facing lawsuits alleging that the unauthorized use of copyright-protected...
27 Oct, 2023 Court Revises Opinion in Kat Von D Tattoo Case in Wake of Andy Warhol Foundation v. Goldsmith By Brian Murphy Tattoos and fair use. Again. (See this post from last month.) The plaintiff Jeffrey Sedlik is a photographer who took (and owns the...
20 Oct, 2023 Advertiser That Tells Its Agency to "Recreate" a Competitor's Video (But Make it Better) Liable for Copyright Infringement By Brian Murphy Door-to-door storage services deliver packing crates to your house and pick them up once they are filled up. It is, apparently, a...
19 Oct, 2023 New Laws Will Require Certain Companies to Disclose Formerly Anonymous "Beneficial Owners" By Jeffrey Marks Lee Silver Jonah Brill Ian Padilla Jong +1 more... Show less A federal law taking effect on January 1st 2024, and a New York law awaiting Governor Hochul’s signature, will require certain companies...
12 Oct, 2023 Will the Copyright Office Issue a Copyright to a Non-Human Author, After All? By Alycia S. Tulloch In a not-so-surprising turn of events, on October 11, 2023, Dr. Stephen Thaler, of Imagination Engines, Inc., filed a notice of appeal to...
10 Oct, 2023 Photographer Cannot Recover Profits Based on the Use of Infringing Image in Advertising By Brian Murphy An advertiser includes an infringing image in an advertising campaign. (It has been known to happen.) The copyright owner sues, seeking...
29 Sep, 2023 Do I Really Need to Worry About Those Photos in the Background? By Melissa Georges Michael Kelley v. Morning Bee, Inc. and Apple, Inc., No. 1:21-cv-8420-GHW2023 WL 6276690 (S.D.N.Y Sept. 26, 2023) If you work in the...
29 Sep, 2023 Supreme Court to Weigh in on Damages for Copyright Infringement By Nicole Bergstrom Back in March I posted about the deepening Circuit Court split on how far back a plaintiff could look for damages in a copyright...
25 Sep, 2023 The Girl with the Tiger King Tattoo Loses Copyright Infringement Lawsuit Against Netflix By Brian Murphy Tattoos again. (See here and here.) In the early days of the pandemic, tattoo parlors across the country - including one owned by...