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Blog Posts: Intellectual Property

April 1, 2024
In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content, AI is revolutionizing how images are created, shared, and consumed. This technological progress also raises complex legal questions, especiall...
November 17, 2023
As discussed in my previous article, recent guidance from the Copyright Office and subsequent judicial opinions supporting the Office’s position have made it clear that purely AI-generated works are not protectable by copyright. One of the primary principles underlying this view is the high value placed on human creativity. Copyright law is aimed, first and forem...
October 2, 2023
As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents both challenges and opportunities as stakeholders grapple with defining authorship, ownership, and infringement in a landscape where machines are...
March 21, 2023
Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the brand owner’s website—to compete with the brand owner, to attract attention to different offerings, or to disrupt their competitor’s b...
December 20, 2021
Social media is causing defamation claims to become more common. There are several areas for consideration if you feel your business has been defamed. First, what is defamation? Expressing an opinion is not defamation. For example, if someone claims that the pizza at your pizza parlor “sucks” or “tastes terrible.” That is not defamation. It is just their o...
December 1, 2021
The Lawsuit Against Tarantino On November 16, 2021, Miramax filed a lawsuit against famed film director Quentin Tarantino, alleging breach of contract, copyright infringement, trademark infringement, and unfair competition. While intellectual property legal disputes are nothing new in Hollywood, the non-fungible token (“NFT”) subject matter makes the case nove...
June 14, 2021
Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber space are far more likely to be the subject of unauthorized copying. This may be the result of people's misconception about copyright protectio...
June 2, 2021
If you want to use photographs, graphics, or other content without paying a fee or by paying a one-time fee rather than an ongoing royalty, it is important that you understand the law to avoid subjecting yourself or your business to a copyright infringement claim. Common forms of royalty-free works are clip art, templates, and works licensed under Creative Commons...
May 24, 2021
If you want to use content that you did not create, it is helpful to know whether that content is copyright-protected or whether you can use it without permission. Whether the content is text, drawings, graphics, photographs, or sound recordings, the rule is always that if it is in the public domain, you can use it freely and without permission. Public domain is of...
May 19, 2021
If someone has copied or reproduced your book, article, blog, artwork, photograph or other copyright-protected works without your permission, you have several options. Before using any of these options, be sure that you actually own the copyrights to the content that you are reporting. Falsely reporting copyright infringement can be a violation of federal law tha...
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