FONTS AND TYPFACES-WHEN DO YOU NEED TO LICENSE?

Brands and designers often use existing typefaces and fonts to adapt and create logos, product packaging, websites, and other commercial assets that establish the identity of a brand. Whether these creative uses require a license from a font owner or type foundry is complex and depends on how the typeface or fonts are adapted and

“Dinner With Friends” Turned “Dinner with Frenemies”

Things are heating up on TikTok this week as we see another IP showdown between brands. The newest dispute involves Meredith Hayden, a content creator and founder of Wishbone Kitchen, which started as a private chef and catering business, who called out Condé Nast subsidiary, Bon Appétit over its new online series, which features the

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

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

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

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

Ninth Circuit corrects the record on de minimis use in photograph dispute

The Ninth Circuit recently clarified that the de minimis use defense (meaning too minor to constitute an infringement) is not an affirmative defense in a copyright infringement case involving an identical use of a photograph, reversing a finding in favor of the defendant asserting the defense.  Instead, the court stressed that an inquiry into de

#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

Copyright Preempts Right of Publicity: SDNY rules against “Stuttering John” favoring copyright over publicity rights in Melendez v. Sirius XM Radio

In a clash between a radio personality’s right of publicity claim and a satellite radio’s copyright claim, the Southern District of New York recently dismissed John Melendez’s complaint against Sirius XM Radio alleging violation of California statutory and common law rights of publicity, holding that the promotion and rebroadcasting of his radio shows was preempted