On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons. Those who plan to use photos based on a fair use defense should take heed of this decision.
Close-Ups
Entertainment and Media News
How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?
The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will lead to liability. The Court’s decision mandates that courts look to the “specific use” of the copyrighted material at issue when…
The Supreme Court’s Warhol Ruling Makes Fair Use Defense Seem Even Riskier
Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al. In short, the Supreme Court looked at whether it was fair use under the copyright law for the Andy Warhol Foundation to license a print (known as Orange Prince) to Condé Nast…
Artificial Intelligence Wants Your Name, Image and Likeness – Especially If You’re a Celebrity
Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person’s name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of “training data”— videos, images, and soundbites—to create “deepfake” renderings of persona in a way that feels real. The vast amount of training…
Let’s Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues
Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way conversations that feel authentic. Influencers can do this literally in their own voice, having unique dialogs with countless people at the same time.…
ChatGPT and the Rise of Generative Artificial Intelligence Spark Debate on Copyright Protections of AI-Generated Works
The recent explosion in popularity of generative artificial intelligence (AI), such as ChatGPT, has sparked a legal debate over whether the works created by this technology should be afforded copyright protections. Despite that several lawsuits on the subject have been filed, and the U.S. Copyright Office has recently issued guidance clarifying its position, that the…
DAO or Dare: The Implications of Sarcuni v. bZx DAO for DAO Member Liability
The blockchain community has debated for years whether Decentralized Autonomous Organizations (DAOs) can or should be analogized to a corporate form and whether they operate to insulate DAO members from legal liabilities. Some states have passed statutes regarding how DAOs are classified, such as Wyoming’s “DAO LLCs” law and Utah’s DAO Act. In Sarcuni v.…
Layup or Airball? Court Holds NBA Top Shot NFTs May Be a Security in Friel v. Dapper Labs
The start of 2023 hasn’t gone much better for the blockchain and cryptocurrency industry than the end of 2022 did. In declining to dismiss a case alleging that non-fungible tokens (NFTs) called Moments are considered securities, a federal judge held in Friel v. Dapper Labs that a lawsuit against the creator of the NBA Top…
Eleventh Circuit Affirms MTV Floribama Shore Does Not Infringe Flora-Bama Trademark
This article was also published in The Daily Journal.
The United States Court of Appeals for the Eleventh Circuit recently affirmed dismissal of a trademark infringement lawsuit against the producers of MTV Floribama Shore in MGFB Properties, Inc. v. Viacom Inc., 54 F.4th 670 (11th Cir. 2022) (the “Order”). The Court’s Order sought to…
Oops they did it again – SEC brings Crypto Anti Touting Action against another celebrity – this time Kim Kardashian
The SEC has rung the bell again on a celebrity touting a crypto token offering without adequate disclosure of a paid role. On October 3, 2022, the Securities and Exchange Commission released its order instituting cease and desist proceedings against Kim Kardashian and detailing Kardashian’s violation of Section 17(b) of the Securities Act (see Administrative…