Copyright Archives - Lutzker & Lutzker

Legal and Ethical Issues in Posthumous Art and Artificial Intelligence

susanJuly 12, 2024September 10, 2024

Posthumous art, defined as works created from an artist’s original molds, negatives or plans after an artist’s death, has always been subject to legal and ethical debate. Now, the debate has been reignited by artificial intelligence (“AI”), which generates new content in an artist’s style and may replicate an artist’s voice, image and likeness. The […]

Fair Use Defense After Warhol v. Goldsmith SCOTUS Decision

susanJuly 14, 2023September 25, 2023

Carolyn Wimbly Martin and Sara Etemad-Moghadam

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 […]

Satire and Parody in the Recent SCOTUS Decisions

susanJuly 5, 2023October 9, 2023

Carolyn Wimbly Martin and Dana Sussman

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. […]

Copyright and Photography: Vila v. Deadly Doll Holds That Photo of a Useful Article of Clothing with Copyrighted Artwork Is Not a Derivative Work

susanMay 12, 2023October 9, 2023

Carolyn Wimbly Martin and Dana Sussman

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 […]

ChatGPT: Where Are We Now and the Opportunities and Challenges Ahead

susanMarch 24, 2023October 9, 2023

Carolyn Wimbly Martin

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 […]

Copyright in AI-Generated Artwork

susanOctober 25, 2022November 2, 2022

Susan J. Lutzker

Copyright Law + Entertainment, Culture and the Arts + Internet and Social Media + Privacy, Artificial Intelligence and Cybersecurity

The copyright status of AI-generated art is in turmoil to say the least. The U.S. Copyright Office has repeatedly refused to register a two-dimensional work by computer scientist Stephen Thaler called “A Recent Entrance to Paradise,” most recently in February 2022 when its Review Board denied a second request for reconsideration by Thaler. In his […]

Notes and Votes: Use of Copyrighted Music at Live Political Events: Addendum

susanAugust 30, 2022September 10, 2024

Carolyn Wimbly Martin and Charlotte Cuccia

This post is an update. You can read the original post here. From Ronald Reagan and Bruce Springsteen to Donald Trump and Neil Young, the contention between politicians and musical artists who find their copyrighted music being played in political campaigns is nothing new. Our earlier post discussed the use of this music at live […]

Copyright Challenges on Both Sides of the Atlantic for Conceptual Artist Maurizio Cattelan

susanAugust 23, 2022August 26, 2022

Susan J. Lutzker

Italian artist Maurizio Cattelan, known for his satirical sculptures, has found himself in the unique position of being a defendant in unrelated copyright suits on both sides of the Atlantic. On July 8, 2022 a three-judge intellectual property court in Paris dismissed a claim by wax sculptor Daniel Druet seeking to be considered the “sole […]

E-books and Libraries: State Legislation and Ongoing Lawsuits

susanApril 5, 2022April 12, 2022

Carolyn Wimbly Martin and Charlotte Cuccia

As we reach the two-year anniversary of COVID-19 lockdowns in the United States, remote work remains a part of daily life. Over half of Americans whose jobs permit them to work from home are doing so, and 78% of those currently working from home all or most of the time would like to continue to […]

Andy Warhol Decision Spells Stronger Rights for Photographers Fighting Infringers: Second Addendum

susanMarch 29, 2022March 30, 2022

Susan J. Lutzker

This post is an update. Read the original post here and the first addendum here. We have previously discussed the decision of the U.S. Court of Appeals for the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021). Reversing the district court, a three-judge panel of the […]

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