Diving Deeper into Artificial Intelligence: Understanding the Risks in Incorporating AI Technology into the Workplace
The advent of artificial intelligence, or AI, brings greatly diverse opportunities to a wide range of industries and endeavors in many fields. Its applications as an academic resource and its capacity to generate new content have garnered much attention in recent months. However, there are a number of important legal risks to weigh in using
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.