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. […]
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Deepfakes 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
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Entertainment, Culture and the Arts
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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 and the second 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 & Sons Inc. and Penguin […]
Read moreChatGPT: Where Are We Now and the Opportunities and Challenges Ahead
In this Insight we will address basic questions about the technology, the current flaws, the competitive and political landscape and the advancements on the horizon for various target audiences, including businesses, professionals and educational institutions. This article is intended as a summary only and not a deep dive into the details of the technology, nor […]
Read more#CultureCannotWait: The Work of ICCROM in Turkey and Syria
Beyond the devastating human toll in Turkey and Syria, the media has occasionally reported on damage from the earthquake to historically significant buildings such as the Roman-Byzantine fortress at Gaziantep and the citadel at Aleppo. The extent of the damage, especially in remote mountainous communities, is still unknown. Less talked about, however, is the loss […]
Read moreCopyright in AI-Generated Artwork: Addendum
Copyright Law
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Entertainment, Culture and the Arts
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Privacy, Artificial Intelligence and Cybersecurity
This post is an update. Read the original post here. In October 2022 we reported that Kristina Kashtanova, a New York-based artist, received a copyright registration for a graphic novel with AI-generated artwork. We wondered whether this meant that the Copyright Office would register works with AI-generated elements if they also identified a human author or […]
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