There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence technology. First, on February 21, the Copyright Office issued its much-anticipated decision regarding the registration
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Hermès Wins Trademark Lawsuit Over “MetaBirkins” NFTs
In early February, following a six-day trial, a jury in the U.S. District Court for the Southern District of New York found in favor of Hermès in its claims of trademark infringement, trademark dilution, and cybersquatting against artist
Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure
The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act and created potentially massive and catastrophic exposure for Illinois businesses. In a close 4-3 ruling, the landmark decision in Latrina Cothron v.
Four Data Security Safeguards the FTC Would Like Companies To Adopt in 2023
Data security will undoubtedly remain an enforcement priority for the Federal Trade Commission in 2023. A presentation on the FTC’s approach to data security by Deputy Chief Technologist Alex Gaynor at a Commission open meeting on December 14, 2022, highlighted
A New Generation of Legal Issues Part 1:The Latest Chapter in Copyrightability of AI-Generated Works
Uncertainty continues as to whether and to what extent artificial intelligence-generated works can be protected by copyright under U.S. law. The U.S. Copyright Office recently raised the hopes of artists who use generative AI by agreeing to register the copyright
FTC Announces Proposed Ban on Noncompete Agreements
On January 5, 2023, the Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this
Notes From the Field: Digital Hollywood at CES 2023
Last week, we attended Digital Hollywood, a one-day, in-person conference that is part of CES and focuses on how technology is transforming the entertainment industry. The digital media landscape is evolving rapidly, fueled by strong engagement from consumers
Protecting Fashion Brands in the Metaverse and Beyond
Fashion brands have taken a liking to the metaverse—perhaps due to the creative freedoms it provides. But with that freedom comes an easier means for infringers to trade off of brands’ valuable intellectual property.
This Update delves into the actions
Time to Renew Your Interest in Automatic Subscription Renewal Laws
The subscription economy exploded during the pandemic and is expected to grow to $1.5 trillion by 2025. Subscriptions to streaming services passed 1 billion worldwide in the middle of 2020. More than two-thirds of Americans now use a subscription
Top 10 Tech Trends in Media in 2022 (Part III)
We are back with Part III of our Top 10 Tech Trends in Media in 2022. Previously on Part II , we saw how content reigns supreme, fueling unprecedented OTT and FAST viewership and spurring record-breaking acquisitions. We finish off