The Bottom Line The well-known rapper, musician and songwriter Megan Thee Stallion recently saddled up and successfully defeated a copyright infringement suit over her 2020 hit Savage. After taking the opportunity to amend his complaint, plaintiff James Greene, a musician and producer Continue Reading
Ed Sheeran’s Copyright Victory: A Win for Songwriters?
The Bottom Line The Sheeran trial was a win for an individual songwriter, but the long road to victory underscores how difficult it can be for an artist to defeat a copyright claim based on similarities arising from the use of commonplace musical “building blocks.”Music producers and composers Continue Reading
Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court
The Bottom Line The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody.While the decision leaves intact existing legal protections for the Continue Reading
The Training Wheels are Off: The Copyright Implications of Training Generative AI
The Bottom Line Two pending lawsuits are among the recently filed cases that will test how copyright law will be applied to AI.Given the novelty and rapidly evolving nature of GAI, individual creators and companies using GAI need to tread carefully to avoid claims of infringement and to protect Continue Reading
Intellectual Property Magazine | American Graffiti
Not everyone realizes that, like any art form that is “fixed in a tangible medium of expression”, original street art may be protected from unauthorized use under the US Copyright Act. For that reason, anyone considering using street art in commercial content must carefully evaluate whether a Continue Reading
Thomson Reuters Practical Law | Trademark Laws: New York
A Q&A guide to New York laws protecting trademarks. This Q&A addresses state laws governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. Answers to questions can be compared across a number of jurisdictions (see Trademark Continue Reading
Bright Ideas Journal | ReDigi and the Application of the First Sale Doctrine to Digital Works
The First Sale Doctrine, codified in section 109(a) of the Copyright Act, generally permits the owner of a lawfully made “copy” or “phonorecord” containing a copyrighted work to resell the copy or phonorecord without violating the copyright holder’s distribution right. For example, if someone Continue Reading
Practical Law: The Journal | Trademark Laws: New York
Intellectual Property Magazine | Trouble in Patent Troll Paradise?
$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies
The Bottom Line Companies developing – or seeking to acquire – new technology must take every precaution to limit their risks before litigation is on the horizon. The full extent and scope of those risks is often not clear without careful analysis. Working with counsel every step of the way can Continue Reading