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Digital Media Copyright

Venable LLP

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major...

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The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital...more

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

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Sheppard Mullin Richter & Hampton LLP

USPTO Roundtable: AI and Right of Publicity

The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice,...more

Felicello Law PC

Is NO FAKESi the Answer to Avoid Fake Out?ii

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The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar...more

Vondran Legal

Copyright Law and BodyCam Video

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I saw this question online and decided to answer it here on my blog.  It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more

Venable LLP

Key Copyright Issues for Independent Schools

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Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the...more

Weintraub Tobin

The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit

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Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement...more

Weintraub Tobin

The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (Podcast)

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Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement...more

Faegre Drinker Biddle & Reath LLP

New Frontier: Ten Tips for Navigating Brand Protection in the Metaverse

Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness. Enter the metaverse: an online virtual world where users can interact with each...more

Troutman Pepper

IP Protection for Featured Characters in Digital and Physical Media

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The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more

Fenwick & West LLP

Creativity and Technology: The FTC’s Warning Shot When Creating and Marketing Digital Products Using Artificial Intelligence

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The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more

Fenwick & West LLP

FTC Takes Aim Against Deceptive AI Practices

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In February 2023, the Federal Trade Commission (FTC) issued guidance to companies to keep their artificial intelligence (AI) claims in check and urged them not to exaggerate the capabilities of their AI products or...more

Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

Irwin IP LLP on

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more

Smart & Biggar

Hehe, not Hehe: Meme marketing & advertising law in Canada

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If a picture is worth a thousand words, that makes a meme worth about 50 tweets. It’s therefore no surprise that so many companies are interested in leveraging memes in marketing. But as with all advertising, certain rules...more

Wilson Sonsini Goodrich & Rosati

Marketing in the Metaverse

The metaverse presents exciting new opportunities for brands to engage a new audience through interactive virtual environments and immersive experiences, including with virtual products that cross the digital divide. Many...more

Sheppard Mullin Richter & Hampton LLP

Rise of the Machines: How AI is Shaking Up the Music Industry

Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence,...more

Sheppard Mullin Richter & Hampton LLP

How Generative AI Generates Legal Issues in the Games Industry

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create...more

McDermott Will & Emery

Implied Copyright License to Photographs of Artist Formerly Known as Prince

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The US Court of Appeals for the Eighth Circuit upheld a ruling that a marketer had an implied copyright license to distribute marketing materials containing digital copies of photographs of the late musical artist Prince....more

Smart & Biggar

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

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The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Weintraub Tobin

Is The Server Test Ready for a Reboot?

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It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

BakerHostetler

A Legal Practitioner’s Guide to NFTs, Digital Advertising and Media

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In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more

McAfee & Taft

Copyright Claims Board — Small but mighty?

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As you’ve read in this space before, copyright law can be hard to navigate. Because copyright infringement is a strict liability tort, copying someone else’s material can lead to much more serious consequences than when you...more

Stinson LLP

Music Licensing in the Age of TikTok

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Trends may come and go, but TikTok is likely here to stay. With many people stuck inside during the pandemic and needing inspiration for new hobbies, they turned to TikTok for recipes, books, dances, fashion, makeup and hair,...more

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

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While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more

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