In an August 18, 2023 decision, a judge ruled that works generated by artificial intelligence (AI)[1] are not copyrightable. This may have significant ramifications for protecting works created, in whole or in part, by AIs.Stephen Thaler owns a computer
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Instagram's Embedding Tools and Copyright: Ninth Circuit's Ruling Explained
Instagram isn’t liable for copyright infringement because it provides embedding tools that allow third-party websites to retrieve and display copyrighted photos, according to a recent appellate decision. The Ninth Circuit Court of Appeals based
its decision in Hunley v. Instagram…
Sign o’ the Times? Supreme Court decides Andy Warhol’s Prince silkscreen is not a fair use
In a 7-2 decision, the Supreme Court found that an Andy Warhol silkscreen of the singer Prince, sourced from an original Lynn Goldsmith photograph, did not qualify for the Copyright Act’s “fair use” defense because both the photograph and the…
News reporting use of insurrection photo held to be fair use
This may be news to the photographers who continue to make claims against news organizations, but use of photographs in news reporting is presumptively fair use, according to a recent decision.A Fox TV affiliate in Florida, reporting on the first…
Mural copyrights: Yes, it’s a thing! Don’t end up with paint on your face
The recent decision in Petersen v. Diesel Power Gear [1] highlights the risks to executives and owners of any business that engages in advertising.The plaintiff in Petersen is an artist who creates large and dramatic murals on building walls, including…
Supreme Court excuses copyright application mistake
Patent and trademark applicants need to be pretty careful in their registration applications, but the Supreme Court has made things a bit easier for copyright applicants. The Court ruled in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that legal…
Photo publisher’s checklist: Seven New Year’s legal resolutions for your website
As we near the end of the 2021, here are seven resolutions – not including the obligatory “get in shape” or “be more organized” – that you may want to consider for 2022.
- Copyright Ownership. Check that you own your
…
No more half measures: pleading infringer knowledge in contributory copyright infringement claims
A California judge has dismissed the copyright infringement and Digital Millennium Copyright Act (DMCA) claims of a photographer who sued Pinterest after he found his photos on the popular social media website. Professional photographer Blaine Harrington brought the claims against…
Too infringing to bear: NY court sides with photographer in suit over embedded image
Social media platforms make it easy to embed photos or videos that appear on their sites. For example, Instagram and Facebook’s embedding tools connect a website visitor’s browser to the platform’s computers, retrieves the identified work, and shows it –…
Contributory copyright infringement: Can you ever know what you don’t know?
At its core, indirect copyright infringement requires direct infringement, plus an indirect infringer who knew of it, and either materially contributed to or induced the direct infringement. But what level of “knowledge” of the direct infringement must the indirect infringer…