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White & Case LLP

Edition 4 of the AI Legal News Summer Roundup

White & Case LLP on

In this edition, key themes include creators and consumers seeking more control and protection over how their content is used to train AI models (whether under copyright law or privacy laws), and governments grappling with...more

Goodwin

How do intellectual property rights apply to generative AI outputs?

Goodwin on

Users probably own the outputs from GenAI tools but it is unlikely that they will be able to prevent others from copying them with patent or copyright protection....more

White & Case LLP

Website terms of service – enforceable or preempted?

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There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially...more

Holland & Knight LLP

Intellectual Property Enforcement in the Metaverse, Part 1

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For creators who seek to protect their intellectual property (IP), the idea of enforcing intellectual property rights in the metaverse may initially appear to be daunting. After all, given the metaverse's association with...more

Weintraub Tobin

Recent Case Demonstrates The Need For Caution When Embedding Links To Social Media Posts

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A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more

Sheppard Mullin Richter & Hampton LLP

Tokenized Art Legal Issues

The tokenization of physical and digital art has many advantages. Some of the advantages create potential complexities under US law. Each situation is fact specific, but the following is a summary of some of the areas for...more

ArentFox Schiff

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

ArentFox Schiff on

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more

Pillsbury Winthrop Shaw Pittman LLP

Think Before You Link: The Legal Risk with Nested Hyperlinks in Online Terms

Nesting hyperlinks is neat and organized, but based on recent court rulings, you might not be forming a contract. Recent inconsistent court rulings on the issue highlight the need for re-examining use of hyperlinks in...more

Womble Bond Dickinson

Best Practices for Using Third-Party Content on Your Company’s Website

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Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Morrison & Foerster LLP - Social Media

Commercializing User-Generated Content: Five Risk Reduction Strategies

We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting...more

Gray Reed

Thankful I Didn’t Copy Images, Parody The Beastie Boys, Use Overbearing TOS Or Have To Stand Behind TheDirty

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With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks. Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics - In...more

Gray Reed

Can I Use The Social Media Picture For My Story? – Part Two

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Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make...more

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