The use of artificial intelligence (“AI”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. A recent US case, concerning a comic book
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Limiting the Reach of the Lanham Act: Supreme Court Vacates Substantial Monetary Damages Award Based On Foreign Conduct
The authors wish to thank Summer Associate Will Baker (Cleveland) for his work on this timely blog.
Trademark owners take note: In Abitron Austria GmbH et al. v. Hetronic International, Inc. the Supreme Court definitively ruled that Sections 1114(1)(a) and…
Central District of California: Test Buys Do Not Create Specific Jurisdiction
A plaintiff has always been the “master” of a complaint, but such mastery is not unfettered. Principles of subject matter jurisdiction, proper venue, and personal jurisdiction restrict a plaintiff’s choice of forum. A trend of recent cases from the Supreme…
The Nine Greatest Experts on the Internet, NOT! – The Supreme Court Considers the Algorithm in Google and Twitter
“You have the Truman Show versus a horror show,” said litigation legend Lisa Blatt during oral arguments in Gonzalez v. Google. Gonzalez is one of two cases recently decided by the Supreme Court dealing with the imposition of liability on…
Ninth Circuit Holds that Registration of a Single Photography Database Supports Award of Statutory Damages for Each Individual Photo in the Database
Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though…
No First Amendment Right to Confuse Consumers, High Court Holds
Today, in a unanimous decision, the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Justice Kagan writing for…
Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use
The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license…
The Rise of Influencer Marketing – Contractual Considerations
According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of…
Federal Circuit Holds that Software Plaintiff Bears Evidentiary Burden of Copyrightability Where Defendant’s Evidence Shows Some Elements Not Copyrightable
In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software. Because…
Automating Entertainment: Writers Demand that Studios Not Use AI
When the Writers Guild of America (WGA) came with their list of demands in the strike that has already grinded production on many shows to a halt, chief among them was that the studios agree not to use artificial intelligence…