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Copyright First Amendment

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Dunlap Bennett & Ludwig PLLC

U.S. Copyright Office Calls For A New Digital Replica Law

In today’s digital age, artificial intelligence (AI) has rapidly advanced, bringing with it unprecedented opportunities — and challenges. One of the most pressing issues is the rise of AI-generated digital replicas, commonly...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024 #4

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Floyd Mayweather finds himself deep into a lawsuit, as fraud and theft claims have been put against his name. The American boxer and rapper Tyga are now part of a suit by Leonard Sulaymanov, who has alleged the non-payment of...more

McDermott Will & Emery

Digital Rights, Digital Wrongs: The DMCA Lives On

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The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are...more

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Wolf, Greenfield & Sacks, P.C.

A Look Ahead: Key Intellectual Property Legal Topics in 2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences,...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

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As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Manatt, Phelps & Phillips, LLP

A Federal Right of Publicity for the Age of AI? Unpacking the Proposed NO FAKES Act

Artificial intelligence-generated deepfakes—video, audio, or photographic content that mimics some or all of the characteristics of one’s identity—have captured the wary attention of the public, politicians and the...more

Carlton Fields

Top 10 First Amendment Cases of the 2022-2023 Supreme Court Term

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The Supreme Court this term elevated First Amendment values over anti-discrimination laws and stalking statutes in two important cases. The most far-reaching case, 303 Creative LLC v. Elenis, decided that a website designer...more

Katten Muchin Rosenman LLP

What the Supreme Court's Decision in Warhol Could Mean for the Future of Fair Use - Katten Kattwalk | Issue 25

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith

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The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more

Weintraub Tobin

The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith

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The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more

Holland & Knight LLP

U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

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In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more

Weintraub Tobin

Legit or Lawsuit – Fake Drake AI Song

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Earlier this month, a new Drake and Weekend collaboration disrupted the Internet. The only problem was it wasn’t a Drake and Weekend collaboration after all. The song “Heart on My Sleeve” was written and produced by TikTok...more

Skadden, Arps, Slate, Meagher & Flom LLP

Jury Finds That ‘MetaBirkin’ NFTs Infringed Hèrmes’ Trademark Rights

At the heart of what is considered the first NFT trademark trial were two competing arguments: Were the artist Mason Rothschild’s creation of “MetaBirkin” NFTs — digital images of blurry faux fur-covered handbags inspired by...more

McDermott Will & Emery

2023 IP Outlook: Trademark and Copyright Supreme Court Update

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Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more

Polsinelli

Copyright Term Reduction Act, Part 2: Let’s Party Like It's 1909

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As an extension of an effort spearheaded by Senator Josh Hawley (R-Missouri) last year, the Copyright Clause Restoration Act of 2023 (H.R.576) was recently introduced in the U.S. House of Representatives by U.S. Rep. Greg...more

Holland & Knight LLP

Courts Offer More Guidance on Enforcing Rights to Brands and Images Used with NFTs

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Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Snell & Wilmer

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright...

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The U.S. Supreme Court recently granted a petition for writ of certiorari to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The Court will review a Second Circuit decision...more

Akerman LLP - Marks, Works & Secrets

If Warhol Isn’t Transformative, Redux, In The Supreme Court

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use...more

Dorsey & Whitney LLP

A Cautionary Tale of One Independent Press’s Claim of Federal Copyright Protection

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Earlier this summer, U.S. District Judge Amy Berman Jackson refused to buy plaintiff, Valancourt Books, LLC’s, claims that the Copyright Office of the United States unconstitutionally demanded books for free, when Judge...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – September 2021

Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more

Dorsey & Whitney LLP

Accurately Depicting Athletes in Video Games: The Royal Rumble Continues

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If you are a fan of legal decisions about professional wrestlers, tattoos, video games or video games about professional wrestlers with tattoos, 2020 has been an exciting year for you. This past Spring, in Solid Oak Sketches,...more

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