Articles: 1-10 of 137

3 Developments in Book Banning

USA - February 23 2024 As we reported last month, the 2022 - 2023 school year saw an increase of 33% in book banning from the previous year. Florida, in particular, leads…

Quick Thoughts on the Supreme Court Argument in Warner Chappell v. Nealy

USA - February 22 2024 Yesterday, the Supreme Court heard argument in Warner Chappell v. Nealy, which (at least ostensibly, as you'll see below) raises the question of…

Is the Party Punch Gone? Citing Jack Daniel’s, Ninth Circuit Reverses Dismissal of Punchbowl Trademark Decision

USA - January 16 2024 Relying on the Supreme Court’s decision in Jack Daniel’s, the Ninth Circuit reversed itself last week and revived a trademark infringement case it…

The Top Banned Books of 2023—and What’s in Store for 2024

USA - January 14 2024 The number of book bans continues to grow each year—and 2023 was no exception. PEN America reports that the 2022 - 2023 school year saw an increase…

U.S. Copyright Office Rejects Another AI-Assisted Work

USA - December 19 2023 On December 11, 2023, the U.S. Copyright Office continued its chain of rejections as it denied—for the second time—Mr. Ankit Sahni’s request for a…

Court offers first glimpse into whether AI machine learning is copyright infringement or fair use

USA - October 30 2023 As we previously blogged, multiple generative AI platforms are facing lawsuits alleging that the unauthorized use of copyright-protected material to…

Do I Really Need to Worry About Those Photos in the Background?

USA - September 29 2023 If you work in the world of documentary film, you’ve undoubtedly encountered a situation in which you’re filming in verité, and you can’t help but…

Supreme Court to Weigh in on Damages for Copyright Infringement

USA - September 29 2023 As you'll recall, the Second Circuit, in a case I litigated with my colleague, Ned Rosenthal, called Sohm v. Scholastic Inc., 959 F.3d 39 (2d Cir…

Digital Disharmony: Ghostwriter's AI-Generated Track Mimicking Drake and the Weeknd's Vocals Ineligible for Grammy

USA - September 13 2023 Recording Academy CEO, Harvey Mason, Jr., now says that Ghostwriter’s AI-generated song “heart on my sleeve,” is not eligible for a Grammy award…

Second Circuit Rejects Claim That Obscuring Murals Violates VARA

USA - August 31 2023 In this post from March 2022, I wrote about a case pending in the the Second Circuit that raised the question whether an institution's decision to…