California Passes AI Digital Replica Law for Performers

Overview On September 17, 2024, California A.B. 2602 was signed into law adding section 927 to the Labor Code, effective January 1, 2025. The Law is designed to protect individuals from unfair contracts and the possibility of being replaced by their digital replica. After the effective date, to create enforceable contracts with performers that would

California Expands Its Post-Mortem Right of Publicity Law to Cover AI Digital Replicas

Overview California A.B. 1836 amends section 3344.1 of the California Civil Code, which covers the post-mortem intellectual property rights for a deceased personality. It expands the coverage of those rights to include digital replicas and lays down new penalties for violating those post-mortem digital replica rights. According to the new regulations, a person that produces,

Technological Innovations do not Negate the Fundamental Principles of Copyright Law and the Fair Use Doctrine

As we are all currently witnessing with the rise of generative artificial intelligence and its effects on traditional media, the advent of novel technology causes ripples throughout society at large, including the law, as it raises serious questions about the protections owed to creative expression. However, as the Second Circuit Court of Appeals recently held

Cowan DeBaets & Co-Counsel File Federal Class Action Copyright Infringement Suit Against Anthropic on Behalf of Authors For Taking and Exploiting Pirated Books

On August 19, 2024, Cowan DeBaets Abrahams & Sheppard, LLP, Lieff Cabraser, and Susman Godfrey, LLP filed a federal class action copyright infringement lawsuit in the Northern District of California on behalf of a class of authors of an array of works of fiction and nonfiction against Anthropic PBC.   AI-company Anthropic released the first

Seven CDAS Attorneys Names to Best Lawyers in America 2024 Edition

Seven CDAS attorneys have been selected for inclusion in The Best Lawyers in America. Published since 1983, Best Lawyers awards are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. The CDAS attorneys included in the 2024 Edition of The Best Lawyers in America are: Frederick P. Bimbler, Entertainment Law

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

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