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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

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Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

BakerHostetler

What Goldsmith Means to AI Trainers

BakerHostetler on

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more

Holland & Knight LLP

Image-Generating AI: Trends and Legal Challenges

Holland & Knight LLP on

Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Whitman Legal Solutions, LLC

Just Because It’s On the Internet Doesn’t Mean It’s In the Public Domain

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Just Because it’s Published Doesn’t Mean it’s in the Public Domain - Some people think that if something is on the Internet, it’s in the public domain and is fair game to be copied. Not true! Giving the public access to an...more

Weintraub Tobin

Is The Server Test Ready for a Reboot?

Weintraub Tobin on

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

Morgan Lewis - Tech & Sourcing

Like Embedded Content, Server Test on Display – A Conversation with Andrew Gray

Morgan Lewis - Tech & Sourcing on

As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server...more

Latham & Watkins LLP

NFTs and the Right of Publicity: Assessing the Legal Risks

Latham & Watkins LLP on

NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more

Fox Rothschild LLP

Drone Operators Beware….Michigan Appellate Court Opines On Privacy

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In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when unmanned aircraft are involved. The decision,...more

Manatt, Phelps & Phillips, LLP

Mercedes Drives Suits Against Artists Forward

Manatt, Phelps & Phillips, LLP on

Four street artists can’t avoid a ride with Mercedes-Benz (“Mercedes”) in the auto manufacturer’s actions seeking a declaration that Mercedes’ posting of photographs on social media that depict the artists’ murals painted on...more

Dorsey & Whitney LLP

Sued for Posting a Meme – That Just Happened

Dorsey & Whitney LLP on

Last week, we blogged about Gigi Hadid getting sued for reposing a photo of herself on Instagram and the post received a lot of interest. So we thought we’d also let you know about Fiji Water Company, LLC getting sued for...more

Lowndes

Establishing Copyright is Not Monkey Business

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Next time you think of commissioning your dog to create some artwork, you’d better think twice. According to the Ninth Circuit Court of Appeals, animals do not have standing as copyright owners to sue for infringement under...more

Williams Mullen

Key Considerations in Addressing Privacy Concerns During Drone Operations

Williams Mullen on

Imagine that one of your employees uses his or her iPhone to take some pictures of work being done at a construction site. The employee captures several images that include teenagers sunbathing by a pool on the adjacent...more

Knobbe Martens

Can’t Say “I Ain’t Mad At Cha” for Copying Me

Knobbe Martens on

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Foley Hoag LLP - Making Your Mark

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Foley Hoag LLP - Making Your Mark on

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

Parker Poe Adams & Bernstein LLP

NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

Parker Poe Adams & Bernstein LLP on

At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more

Foley Hoag LLP - Making Your Mark

French Justice In A California Court: Copyright, Picasso And The “Astreinte”

Foley Hoag LLP - Making Your Mark on

The peoples of France and the United States tend to view things very differently — Jerry Lewis, berets and processed cheese food, to name just a few. Law sometimes transcends this divide – for example, French and American...more

McDermott Will & Emery

Ninth Circuit Says Oui to French Copyright-Infringement Award

McDermott Will & Emery on

Addressing whether federal courts may go outside the pleadings when ruling on a motion to dismiss premised on foreign law, the US Court of Appeals for the Ninth Circuit clarified that the content of foreign law is a “question...more

Dechert LLP

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

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The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Foley Hoag LLP - Making Your Mark

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

Foley Hoag LLP - Making Your Mark on

On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies....more

Dorsey & Whitney LLP

Campaign IP Violations Part 2 – Trump Sued for Copyright Infringement

Dorsey & Whitney LLP on

In December, we blogged about the unauthorized use of copyrighted songs by political campaigns. Well, those campaigns should also double check the images they are using. Donald J. Trump For President, Inc. was sued in federal...more

Mintz - Trademark & Copyright Viewpoints

PETA Isn’t Monkeying Around With Copyright Ownership Rights

Mintz - Trademark & Copyright Viewpoints on

As we reported in a recent post, PETA lost its efforts, on behalf of Naruto the monkey, to secure his claim to copyright ownership of his “selfie” photograph. ...more

Pillsbury - Internet & Social Media Law Blog

50 Cent Breaks the Golden Rule of Social Media Posting

Pillsbury - Internet & Social Media Law Blog on

“Be careful what you post.” This may be the most obvious of social media commandments. Yet, it’s also true that it’s difficult to control the degree of public access to photos and messages posted on a social media platform,...more

Franczek P.C.

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

Franczek P.C. on

I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

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