This is a continuation of our conversation about renaming entities, including educational institutions, public spaces and museums, and holidays like Columbus Day. Native American names, symbols and innuendos have been used in the sports world for more than a century. While many college and professional sports teams have addressed their offensive mascots and sport traditions, there […]
Read moreCategory: Insights
Fair Use Defense After Warhol v. Goldsmith SCOTUS Decision
On May 18, 2023, the Supreme Court, in a 7-2 opinion, affirmed the decision of the United States Court of Appeals for the Second Circuit in favor of photographer Lynn Goldsmith (“Goldsmith”) holding that the “purpose and character” of the particular commercial use by the Andy Warhol Foundation (“AWF”) of Goldsmith’s photograph did not meet […]
Read moreThe Blueprint for an AI Bill of Rights and Its Impact
After a yearlong process of gathering input from communities, policymakers and experts across fields and sectors, The White House Office of Science and Technology Policy (“Office”) released a “Blueprint for an AI Bill of Rights” (“Blueprint”) in fall 2022 to guide the responsible design, use and deployment of automated systems and artificial intelligence. The Office […]
Read moreSatire and Parody in the Recent SCOTUS Decisions
Update: The Ninth Circuit case Diece-Lisa Industry, Inc. v. Disney Store USA LLC, U.S., No. 22-347, may shed some light on the line between artistic expression and source identification. Originally, the Rogers test had cleared Disney’s use of the mark at issue, but the case has been remanded in light of Jack Daniel’s Inc. v. […]
Read moreDeepfakes and the 2024 Election
In March 2023, a photograph of Pope Francis showed him uncharacteristically fashionable in a long white cinched puffer coat. That same month, photographs of former President Trump being tackled by New York City police officers circulated on Twitter, attracting five million views. If these events seem implausible, or you’re surprised that they didn’t make major […]
Read moreYouth Privacy and Data Collection Online
While technology provides children with the benefits of social connection and belonging, there are also adverse effects on children and teens’ physical and mental well-being and concern about how their personal data is used. Children are accessing the Internet from an early age and they and their parents need to understand what data is being […]
Read moreHow to Protect Your Domain Name Using UDRP Proceedings
The state of Maryland learned the hard way about the risks of not maintaining domain ownership. In order to appreciate the pickle the state got itself in, it’s necessary to understand the importance of separately protecting trademarks and domain names in order to ensure full brand protection. Domain Names vs. Trademarks From 2012 to 2016, […]
Read moreThe Writers Guild of America Strike, the Creative Industry and Artificial Intelligence
Copyright Law
+
Entertainment, Culture and the Arts
+
Privacy, Artificial Intelligence and Cybersecurity
Update: On June 4, 2023, the Directors Guild of America (“DGA”) and the Alliance of Motion Picture and Television Producers (“AMPTP”) reached a tentative agreement, with ratification scheduled for June 6. AMPTP and the DGA have agreed that AI is not a person and therefore cannot be used to replace the duties performed by DGA […]
Read moreCopyright and Photography: Vila v. Deadly Doll Holds That Photo of a Useful Article of Clothing with Copyrighted Artwork Is Not a Derivative Work
This post is the fifth in a series on Copyright and Photography. Read the first post here, the second post here, the third post here, the fourth post here and the sixth post here. On March 27, 2023, photographer Carlos Vila won a double victory in the United States District Court for the Central District of California in […]
Read moreInternet Archive’s Open Library and Copyright Law: Third Addendum
This post is an update. Read the original post here, the first addendum here, the second addendum here and the fourth addendum here. Throughout 2020, Lutzker & Lutzker published multiple insights relating to the copyright dispute between Internet Archive and four major publishing companies — Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & […]
Read more