As several dozen copyright infringement cases against artificial intelligence (AI) developers continue to proceed through the federal courts, a recent ruling in the District of Delaware suggests that the fair-use defense...more
In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information...more
With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.
In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more
3/27/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Authorship ,
Business Development ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Copyright ,
Copyright Office ,
Defamation ,
Entertainment Industry ,
EU ,
Fair Use ,
General Data Protection Regulation (GDPR) ,
Jack Daniels Properties Inc v VIP Products LLC ,
Machine Learning ,
Media ,
MLB ,
NBA ,
NHL ,
SCOTUS ,
UK ,
USPTO
As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC).
From understanding...more
2/6/2024
/ Artificial Intelligence ,
Copyright Office ,
Corporate Transparency Act ,
Fair Labor Standards Act (FLSA) ,
Fair Use ,
Federal Labor Laws ,
FinCEN ,
Information Technology ,
Infrastructure ,
Infringement ,
Intellectual Property Protection ,
License Agreements ,
Machine Learning ,
Regulatory Oversight ,
Risk Management ,
Software ,
Startups ,
State Labor Laws ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more
1/30/2024
/ Acquisitions ,
Artificial Intelligence ,
California ,
Class Action ,
Consumers ,
Copyright Infringement ,
Corporate Transparency Act ,
Due Diligence ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Fabrics ,
Fair Use ,
Fashion Industry ,
FinCEN ,
Forced Labor ,
FTC Act ,
FTC Endorsement Guidelines ,
Initial Public Offering (IPO) ,
Innovation ,
Labor Code ,
Luxury Goods ,
Machine Learning ,
Mergers ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Professional Regulators ,
Ransomware ,
Real Estate Market ,
Reporting Requirements ,
Retailers ,
Sustainability ,
The Copyright Act
In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI...more
For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users,...more
On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more
A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more
The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more
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