In a decision issued[1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under
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Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed
A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models were trained in the…
Titleless Tales of the Headless
In August 2023, the New York District Attorney’s (NYDA) Antiquities Trafficking Unit, which specializes in investigating looted artifacts, seized a headless statue valued at $20 million from the Cleveland Museum of Art (CMA) under a search warrant issued by a…
Busted: Manhattan Prosecutors Seize an Ancient Roman Bust from the Worcester Art Museum
In 1966, an ancient bronze bust found its way to the Worcester Art Museum in Massachusetts. Believed to depict the daughter of the Roman emperor, Marcus Aurelius, it was titled “Portrait of a Lady (A Daughter of Marcus Aurelius?)…
Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the…
Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF),[1] in a long-awaited decision impacting fair use under Section 107(1)…
Takeaways from the Hermès Litigation over MetaBirkins NFTs
The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners.…
To Be, or Not to Be? Considerations for A.I.- Generated Art
The appreciation of works of art is subjective, and rightfully so as the experience of viewing art, and what it makes one feel is personal. This seems to guarantee that no artist or piece is left out of the realm…
“Not My Work”: When Artists Dispute Authorship
The assumption that artists love credit is challenged when an artist appears to repudiate their authorship. Sometimes repudiation arises from personal animus while in other instances an artist might feel that their work is no longer “up to snuff.”[1]…
For US Art Collectors Shopping in the UK, the Dollar’s Strength is Deceiving
The strength of the US dollar against the British pound – at present, the pound has dropped nearly 18% since the beginning of 2022 – would appear to make the purchase of art and other cultural property in the UK…