PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence: Issues Affecting Creators, Writers and Artists
NFT Perspectives: A Discussion With Artist and Filmmaker Haik Kocharian
Katie Steiner on Compliance & Corporate Art Collections
Episode #12 - NFTs with Chris Draper
Nota Bene Episode 125: What are Non-Fungible Tokens (NFTs) and Are They Here to Stay? with James Gatto
Stealth Lawyer: Todd Neufeld, Balloon Twister
Stealth Lawyer: Nathan Sawaya, Lego Brick Artist
With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI?...more
What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and...more
In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and...more
The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November...more
INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more
Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated...more
For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more
On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more
Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more
Several artists, frustrated with Artificially Intelligent (AI) image generators skirting copyright laws, are using AI-image generators to produce images of Mickey Mouse and other copyrighted characters to challenge the...more
The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince...more
On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s...more
Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than...more
While further clarity on the Copyright in the Digital Single Market Directive (“DSM Directive”) can be expected at the European level in the next two weeks with the guidelines of the EU Commission on Art. 17 of the DSM...more
An important decision by the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420-cv (2d Cir. Mar. 26, 2021), has, in important respects, upended how the defense of fair use is...more
Welcome back and to those of you who celebrated a belated Happy St. Patrick’s Day. While I can’t promise that this installment of the Spotlight will be the “hair of the dog,” it should still make for a great accompaniment...more
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
Copyright Act Does Not Apply to Proposed Sale of Allegedly Unlawful Copy of Sculpture to US Buyer Because All Relevant Conduct Occurred Outside the US and No Infringing US “Predicate Act” Otherwise Exists....more
Andy Warhol pioneered it, and many others since him have done it also, although few have been celebrated as much, or sued for it as often, as Warhol. “It” is art work that is transformative – taking someone else’s work and...more
After reports of a settlement proved premature, designer Moschino S.p.A. and its creative director Jeremy Scott have moved for summary judgment on the copyright claims filed last year by street artist Joseph Tierney, better...more
Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more