AI-generated impersonation is real, and it’s a problem. No question.
The legal challenge is identifying existing bodies of law to support claims and provide meaningful remedies. Copyright? Contract? Unfair competition? Privacy? Publicity? Kind of, but none of those fit the facts very well. All are like forcing a round peg into a square hole.
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How the “Logo Refresh” Can Wreck Your Trademark
It’s springtime. According to my inbox, graphic designers consider this the best of times to “refresh” your logo.
Cool.
Before relegating the old, though, consider the trademark implications.
United States trademark registrations can be “standard character” — which means the registration covers words in the mark regardless of how they are depicted visually — or,…
Living Trust Myths
I do not practice in the field of estate planning.
I do work with estate planning professionals, when their clients’ estates include intangible assets such as copyrights. So I’m kind of estate planning-adjacent.
This post by RBT CPAs very thoughtfully examines some common myths surrounding revocable living trusts (“living trusts”). I’ll stay in my lane…
Copyright: New Group Registration Option for 2D Artwork
The Copyright Office has implemented a new registration option called Group Registration of Two-Dimensional Artwork (GR2D). It may be used to register between two and twenty works of two-dimensional art.
There are requirements:
1. The works must all have been published within the same calendar year (make sure you get advice about what “publication”…
SCOTUS: Warhol Foundation’s Use of Prince Photograph Not Fair Use
In 1981 Andy Warhol used a photograph made by Lynn Goldsmith as reference for an illustration of the musician Prince. Vanity Fair magazine had hired Warhol to make the illustration; it was to accompany an article about Prince in the magazine’s November 1984 issue. Goldsmith had issued a limited license for this purpose. The license…
US Copyright Applications: Not As Simple As You Think
Have you ever convinced yourself that something is simple…just because you want it to be simple?
You’re not alone. In the context of applications for US copyright and trademark registration, people decide every day that do-it-yourself (DIY) is an acceptable option because, to their wishful eyes, “it’s just paperwork.”
Or maybe they think,…
Estate Planning: Copyright and the Limits of Digital Property
Let’s start with five fundamental concepts:
…
Working on Vacation
The other day I was learning about a fellow lawyer, by reviewing her website. Her trademark practice is similar to mine. The site was inviting. She has a sense of humor.
“Nice,” thought I, “we should connect.”
I was reviewing her website because she’d made a mistake in a matter before the Trademark Trial and…
Getting a Cut When Your Work Re-Sells
You’re a visual artist. You sell a work for $1000. Over time the value appreciates. Your buyer re-sells the work for $50,000. You get nothing (except requests to speak about your work, for no money!)
There is no law permitting artists to share in “resale royalties” when their works change hands. I discuss this in
…
New Copyright Registration Option for Blog Entries; Social Media Posts
The US Copyright Office is establishing a new option for registering multiple “online short literary works” as a group, with a single application and a single fee.
In plain English, that means: blog entries; social media posts; and short online articles.
They’re still rolling out the details — which I’ll describe here when they become…