OpenAI Seeks Dismissal of New York Times Copyright Infringement Lawsuit
OpenAI filed a motion to dismiss a December 2023 lawsuit from the New York Times. The initial suit claims OpenAI infringed The Times’ copyrights by using millions of their articles to generate news answers for users who illegally accessed those articles.
Is Fast Fashion Destroying the Industry?
Fast-fashion companies have been using other designers’ clothing and accessories, recreating the items, and selling them at a much lower price. While trademark and copyright law are sometimes helpful in addressing these issues, the world has started to see a shift in how companies are addressing this problem.
Is History Repeating Itself? The Metaphorical Burning of Alexandria 2.0
In Hachette v. Internet Archive, the United States Court of Appeals for the Second Circuit affirmed a District Court's decision against Internet Archive (“IA”). IA scanned physical books to loan digitized copies to its users through their Open Library Project, claiming fair use of the materials. The Court ruled in favor of the publishers’ claim for copyright infringement.
How Long Can Congress Fake It to Make It Before Regulating AI Deepfakes
AI generated media is becoming indistinguishable from reality. Prior to the 2024 presidential election, there was a concern that AI deepfake videos and audio could spread misinformation that would tarnish election results. Some argue that AI deepfake videos are always protected under the First Amendment, and others believe they should be regulated. Now that the election has concluded, how should Congress act on these concerns in preparation for the 2028 election considering AI technology will further develop.
All I Want for Christmas Is… to Stop Getting Sued
Mariah Carey is being sued for copyright infringement relating to lyrics in her infamous song All I Want for Christmas is You—for the third time.
Who Owns The Copyright For AI-Generated Thanksgiving Recipes?
New York Times food writer Priya Krishna used OpenAI products to generate new Thanksgiving recipes and images, prompting the question: who owns the copyright for these recipes? According to OpenAI’s terms of use, Ms. Krishna owns them, but in reality, copyright for machine generated content is more complicated than that.
Protecting the Creative Outlaws: Graffiti in the United States
As an explosive cultural phenomenon that actively shapes the urban environment, graffiti has a conflicting relationship with the law. This blog explores the relationship between the outlaw nature of graffiti and the intellectual property laws that attempt to provide protection thereof.
The “Rage” Continues: Who Owns the Bob Woodward Trump Interview Recordings?
In January 2023, Former President Donald Trump sued veteran journalist Bob Woodward over the release of audio recordings coming from interviews Trump gave with Woodward. If this suit makes it to court, key questions impacting journalism will be addressed, including who owns an interview, assuming an interview is copyrightable.
A.I. Essays: Fraud in the Classroom or Final Frontier of Authorship?
AI writing tools like OpenAI’s GPT-3 and Google’s Lambda are transforming essay writing by generating coherent, human-like text in seconds, raising concerns about plagiarism and the integrity of academic work. While current copyright law does not protect AI-created works, debates around intellectual labor, creativity, and machine-driven outputs are intensifying. Critics worry that AI enables users to bypass the intellectual effort required in writing, while supporters argue it can make education more accessible and level the playing field for students with fewer resources. As AI evolves, it challenges institutions to rethink the boundaries of creativity and ownership.
<em> Andy Warhol Foundation v. Goldsmith </em>
Outside the U.S. Supreme Court, the public line elongated as more spectators joined and waited on the chilly morning of October 12th. Around 10 A.M., the Court heard the oral arguments in an art appropriation case, Andy Warhol Foundation v. Goldsmith. The Court granted certiorari and reviewed the holding of the U.S. Court of Appeals for the 2nd Circuit. The petitioner Andy Warhol Foundation challenged the lower court's decision in fair use defense. That evening, AUWCL hosted the "I.P. at the Supreme Court series: Andy Warhol Foundation for the Visual Arts v. Goldsmith." The panelists carefully surveyed the oral arguments and the 2nd Circuit's decision. This article provides readers with the background of the 2nd Circuit decision and some principal precedents that contoured the fair use doctrine.
“Repatriating” Indigenous Digital Heritage: The Rise of TK Labels and Licenses
The indigenous communities worldwide treat their traditional knowledge as shared wisdom, know-how, skills, and fruits of intellectual exercises that pass down from generation to generation. On the flip side, Western intellectual property (IP) protection’s philosophical and legal basis emphasizes the proprietary right to exclude others from using owned knowledge. Such divergence corners the intangible cultural materials that belong to indigenous communities globally, putting them in a powerless position. However, there is a silver lining in harnessing more systematic, legal protections for traditional knowledge—through the Traditional Knowledge (TK) label and licensing.
Steamboat Willie Enters Public Domain
On January 1, 2024, Steamboat Willie from Walt Disney Animation Studios entered the public domain. Disney successfully extended copyright through lobbying, but recent laws led to its expiration. Horror adaptations of Steamboat Willie are planned. Despite concerns, Disney's brand and trademark protections likely shield it from significant harm.
Biopic Legal Woes: Sony Suit Over Unpaid Fees
Two years after the Whitney Houston Biopic was released in theaters in the winter of 2022, Sony filed suit against Anthem Films LLC for unpaid fees concerning the late singer’s recordings held by Sony that were used in the Biopic.
Ex’s and Oh No’s: Bad Bunny’s Ex Sues for Copyright Infringement
Puerto Rican rapper Bad Bunny was sued for copyright infringement by his ex-girlfriend who claims that her voice is used without her consent in two songs: “Pa Ti” and “Dos Mil 16.”