News & Analysis as of

Digital Media

Genova Burns LLC

On Notice: Changes for Legal Notices as Print News Nears End

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Municipalities and their lawyers will soon find themselves in a bind when state laws that require them to publish legal notices in print newspapers are no longer possible to comply with as several leading print newspapers are...more

Jones Day

Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

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The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging...more

Pagefreezer

How to Use Social Media in Fraud Investigations

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When it comes to investigating potential insurance fraud, social media platforms can be a tremendously useful resource....more

Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

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The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for September 2024

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Each month, we publish a roundup of the most important SEC enforcement developments for busy in house lawyers and compliance professionals. This month included the SEC’s fiscal year end and a large number of enforcement...more

Weintraub Tobin

(Podcast) The Briefing: New California Laws for Digital Replicas Both Live and Dead

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California recently passed two new AI laws that aim to protect individuals from the unauthorized creation of digital replicas. Scott Hervey and James Kachmar discuss these laws and their implications for the media industry on...more

Morgan Lewis

California Becomes First State to Pass Law Targeting Advertising of Digital Media Licenses

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California recently passed a new law that will require companies to change the way they advertise and sell licenses to access digital goods. Effective January 1, 2025, the law will require companies to disclose to consumers...more

Sheppard Mullin Richter & Hampton LLP

New California Law Targets Sellers of Digital Goods

Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books...more

Cozen O'Connor

New California AI Laws Protect Against Unauthorized Use of AI Replicas

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California Governor Gavin Newsom has recently signed into law two bills seeking to address the use of Artificial Intelligence (AI)-created digital replicas of individuals. In his signing statement, Governor Newsom explained,...more

Vinson & Elkins LLP

A Hidden Risk in the Sports Tech Boom

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Technology has long played a part in professional sports, but these days it permeates the industry. Cameras, sensors, and models of playing surfaces compute and communicate data and information in real time — enhancing...more

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

IMS Legal Strategies

Adapting Trial Graphics to Jurors’ New Media Expectations

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Trial graphics are instrumental in conveying your story to today’s jurors. Presenting an understandable argument to a jury usually involves technology-driven visual communication in the form of demonstrative exhibits and...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

Wilson Sonsini Goodrich & Rosati

Improper Venu Sports: Southern District of New York Blocks Launch of Sports-Streaming Joint Venture Between Disney, Fox, and...

The Southern District of New York took the extraordinary step of granting competitor Fubo’s effort to preliminarily enjoin the launch of “Venu Sports,” a sports-streaming joint venture between Disney, Fox, and Warner Brothers...more

Manatt, Phelps & Phillips, LLP

Senators Officially Introduce NO FAKES Act with Digital Replica Right

On July 31, 2024, nearly ten months after introducing a discussion draft, a bipartisan group of Senators officially introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 (NO FAKES Act). The...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

Morrison & Foerster LLP

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies

The digital age has ushered in innovative forms of entertainment and commerce, including through the development of in-game economies. In recent years, the digital landscape of gaming has expanded beyond mere entertainment,...more

Stefanie Marrone Consulting

Enhance Your Law Firm’s Social Media Strategy: Creative Social Media Content Ideas for Every Platform

Stefanie Marrone shares some innovative post ideas to help you create a dynamic social media calendar for your law firm....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

BakerHostetler

[Podcast] They Thought it Wouldn’t Last – A One Year AD Nauseam Anniversary

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On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence: Issues Affecting Creators, Writers and Artists

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In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models....more

Sherman & Howard L.L.C.

Emergency Act Signed into Law To Prevent Digital Impersonation of Certain Political Candidates

The rapid expansion of artificial intelligence deep fake technology has caused Arizona to take critical steps to help protect the integrity of upcoming elections. Calling it an “emergency measure that is necessary to preserve...more

BakerHostetler

Media Insights for In-House Counsel: Retail Media Networks

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As consumer habits evolve, new media channels emerge. Before the internet, brand media budgets were split between traditional media like print newspapers and magazines, radio, television, and out-of-home billboards....more

EDRM - Electronic Discovery Reference Model

The Global Struggle Against Deepfake Technology: A Critical Overview

Complex Discovery Editor’s Note: The rapid evolution of deepfake technology, a sophisticated byproduct of artificial intelligence, has emerged as a significant challenge within digital media landscapes, affecting sectors from...more

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