Tangle, Inc v. Aritzia, Inc.: Copyrightability of Kinetic and Manipulable Sculptures
In the United States, copyright protection is afforded to original works of authorship that are fixed in a tangible medium of expression. But what does it mean for something to be “fixed”? Must it be motionless? In the case of sculpture, can it be “fixed” if it can take on different poses? Here, Tangle, Inc.
All About California’s New AI Transparency Act
On September 19, 2024, the California AI Transparency Act (CA S.B. 942) was signed into law by the governor adding Chapter 25 to Division 8 of the Business and Professions Code effective January 1, 2026. The bill creates a host of compliance requirements for covered providers of generative AI including the creation of an AI
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Conditional Gift Giving to Institutions
In 1953, Valparaiso University, a small, private Lutheran institution of higher education in Indiana, received a charitable gift from the estate and trust of Percy Sloan.1 The donation included a sum of cash and a collection of paintings, many of which were created by Sloan’s father. The remainder came from other painters from the mid-19th
California Enacts AI Transparency Law
California enacts one of the first AI transparency laws, on September 28, 2024, to commence on January 1, 2026. California A.B. 2013 adds Title 15.2 to Part 4 Division 3 of the California Civil Code and requires certain disclosures in connection with the creation of AI training models. Coverage The primary targets of the bill
CDAS Secures Dismissal Of False Advertising and RICO Lawsuit Over Robert Indiana’s Iconic Love Design
The CDAS litigation team—led by partners Scott Sholder and Ben Halperin with assistance from associates CeCe Cole and May Gunther—won a decisive victory on behalf of longstanding firm client Artists Rights Society, Inc. (ARS) in the action McKenzie v. Artists Rights Society, Inc., No. 22 Civ. 1619 (JHR) (S.D.N.Y.). On November 15, 2024, Judge Jennifer
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,
“Freelance Worker Protection Act”: New California Law Expands Freelancers Rights in Many Creative Fields
On September 28, 2024, Governor Newsom of California signed the “Freelance Worker Protection Act” (FWPA), into law which will take effect on January 1, 2025. The bill expands protections for freelance workers by requiring private companies who hire independent contractors for certain professional services to provide written agreements specifying certain terms and outline certain deadlines
Stuart Goldfarb Appointed to The Sport Management Advisory Council
September 24, 2024 – New York, NY – Cowan, DeBaets is pleased to announce that corporate M&A partner Stuart Goldfarb has been appointed to the prestigious Sport Management Advisory Council of the Falk College of Sport and Human Dynamics at Syracuse University. Led by David Falk, the Council is comprised of a who’s who in
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