The United States Supreme Court has weighed First Amendment rights in the balance against many things: privacy, national security, the desire to protect children from hearing a bad word on the radio, to name a few. Now the Court will
Latest from Cokato Copyright Attorney: The Law Blog of Thomas James - Page 6
Is Jazz Confusingly Similar to Music?
Bertini v. Apple Inc., No. 21-2301 (Fed. Cir. 2023). Apple, Inc. attempted to register the trademark APPLE MUSIC for both sound recordings and live musical performances (among other things). Bertini, a professional musician, filed an opposition, claiming to have
Copyright Registration and Management Services
In the United States, as in most countries, it is possible to own a copyright without registering it. Copyright registration is not a prerequisite to copyright protection. Rather, a copyright comes into being when a human being fixes original, creative
Copyright owners prevail in Internet Archive lawsuit
In June, 2020 four book publishers filed a copyright infringement lawsuit against Internet Archive. The publishers asserted that the practice of scanning books and lending digital copies of them to online users infringed their copyrights in the books. On Friday,
New AI Copyright Guidance
On Thursday, March 16, 2023, the United States Copyright Office published new guidance regarding the registration of copyrights in AI-generated material. in the Federal Register. Here is the tl;dr version.
The Problem
Artificial intelligence (AI) technologies are now capable of
The CCB’s First 2 Determinations
The United States Copyright Claims Board (CCB), an administrative tribunal that has been established for the purposes of resolving small copyright claims, began accepting case filings on June 16, 2022. Eight months later, it has issued its first two determinations.
A Recent Entrance to Complexity
Last year, the United States Copyright Office issued a copyright registration to Kristina Kashtanova for the graphic novel, Zarya of the Dawn. A month later, the Copyright Office issued a notice of cancellation of the registration, along with a request
Why Machine Training AI with Protected Works is Not Fair Use
Guest blogger David Newhoff lays out the argument against the claim that training AI systems with copyright-protected works is fair use. David is the author of Who Invented Oscar Wilde? The Photograph at the Center of Modern American Copyright (Potomac Books 2020)
A Thousand Cuts: AI and Self-Destruction
A guest post written by David Newhoff. AI, of course, stands for “artificial intelligence.” David is the author of Who Invented Oscar Wilde? The Photograph at the Center of Modern American Copyright (Potomac Books 2020) and a copyright advocate/writer
Getty Images Litigation Update
In a previous post, I reported on a lawsuit that Getty Images had filed in the United Kingdom against Stability AI. Now the company has filed similar claims against the company in the United States.
The complaint, which has