The Perils of AI Art: Craiyon’s Commercialization Gamble

Craiyon—formerly known as DALL-E Mini—has captured the attention of the art and legal world in recent weeks, including this very blog in our first post on this fascinating service. The website, which touts itself as having the ability to produce “AI model drawing images from any prompt,” is undisputedly innovative and fun to use, yet

The Show Goes On: “Vape” is Ruled a Permitted Parody of Broadway Classic “Grease”

“Vape,” a theatrical parody of the original Broadway musical “Grease” that was later adapted in the 1978 feature film, recently prevailed in a copyright case where the court held that Vape was a fair use that did not require permission from the owners of Grease. The case, Sketchworks Industrial Strength Comedy, Inc. v. Jacobs, was

Thoughts and Takeaways from NFT.NYC 2022

NFT.NYC 2022 was a great event with many exciting companies and brands in attendance and many interesting Web3 projects being unveiled.  Below are some thoughts and takeaways on what I learned, what I believe will be taking place in the near future, and some of the Web3 issues that companies, content creators, and brands should

AI ART MODEL CREATES INTERESTING DRAWINGS AND COPYRIGHT PROBLEMS

Craiyon (formerly known as DALL-E mini) is an AI-powered art model that draws collages of images based on, literally, “any prompt” entered by a user. The model’s developers have explained that it was “trained by looking at millions of images from the internet with their associated captions” and that “[o]ver time, it learns how to

Are “#MetaBirkins GONNA MAKE IT”? Hermès, NFTs, and the Rogers Test Collide

There has long been a blurry line at the intersection of trademarks, rights of publicity, and the First Amendment.  Throw in blockchains, NFTs, and high-fashion handbags, and you have a recipe for a final exam-worthy fact pattern perfect for law students versed in Web 3.0. Enter the “MetaBirkins” case.  In this recent headline-grabber, a “marketing

Second Circuit Finds Warhol Artwork of Prince Infringing: Drawing a Line Between Infringing Derivative Works and Transformative Fair Use with Appropriation Art

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir.), opinion withdrawn and superseded on reh’g sub nom. Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d Cir. 2021) The Second Circuit recently upheld its earlier March 26 decision in Warhol v. Goldsmith, following the recent Supreme Court

#BlackTikTokStrike: How TikTok Dance Creators Can Begin to Protect Their Choreographic Works

The hashtag “BlackTikTokStrike” has been viewed more than six million times on TikTok, a free video-sharing-focused social networking service. TikTok has created superstars like Addison Rae and Charli D’Amelio, but these stars have mostly been white women and girls, and they have often gained notoriety and received millions of views by parroting dance routines primarily

Navigating NFTs: Considering Best Practices and Avoiding Pitfalls

All of a sudden, no one can talk about anything but NFTs!  For those people who have used up all of their tech tolerance on Zoom meetings this year, understanding this latest frenzy can seem like an insurmountable task.  But FOMO tends to be very motivational!  Given that the value of the crypto art market

California District Court Dismisses “Tiger King” Case, Citing First Amendment Interests

After captivating home-bound viewers earlier this year, Netflix’s documentary series “Tiger King” had its day in court recently when a California district judge dismissed a case brought by the publisher of Hollywood Weekly Magazine (“HW”) against the producers and distributors of the show.  See Prather Jackson v. Netflix, Inc., Case No. 2:20-cv-06354-MCS-GJS (C.D. Cal. Dec.