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

CDAS Represents teamLab

Can You Copyright That? CDAS Attorneys Scott Sholder, Benjamin Halperin, Nancy Wolff, & CeCe Cole are representing Japanese art collective, teamLab who is suing a Los Angeles museum for allegedly copying its Instagram-friendly art installations. https://news.artnet.com/art-world/teamlab-museum-of-dream-space-lawsuit-2105207  

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