A.I. in the Second and Ninth Circuit
The Second and Ninth Circuit, both powerhouses of media production, have cases working their ways up their circuits and toward the Supreme Court to answer basic, lingering questions about AI and copyright.
Parody, Satire, & Fair Use
Parody and satire are similar forms of expression, but with different targets of their critique, and different levels of protection in fair use
Game Over? Influencers, Infringement, and Bans
Between copyright infringement and bans from violating platform policies or video game EULAs, gaming streamers can face career-ending challenges beyond just securing an audience
Revenge of the Gamer Media
Video game media was a joke… until it wasn’t, and is now worth more than television and movies combined.
AI, Court Cases, and “Human Authorship”
Old and new caselaw (occasionally from absurd circumstances) combine to provide at least some guidance in the absence of AI legislation
Landscape View of A.I.’s Legal Issues
For creatives and copyright attorneys, what can legally be eaten and then spat out by an AI is a central question. As lawyers and artists struggle with figuring out the boundaries of AI, a few AI-specific rules in caselaw, as well as a case helping to better define fair use provide some (modest) guidance
Highlights from AWF v. Goldsmith Oral Arguments
A look at some of the more interesting developments in the AWF v. Goldsmith arguments, including a video yours truly opining from “Geek Corner” (located in the Bushwick Copyright Cave/my apartment)
AI at the Supreme Court
While not currently at the Supreme Court, several cases there or on their way will have major implications on the immediate future of Artificial Intelligence (AI)
Andy Warhol Foundation v. Goldsmith Certiorari Brief Breakdown
Did Andy Warhol’s painting used in Vanity Fair’s Purple Fame, based on a copyrighted photo, qualify for fair use? The certiorari briefs are in for Andy Warhol Foundation for the Arts v. Goldsmith, and the lines are being defined.
Horror Inc. v. Miller: Work-For-Hire Gone Wrong
When writer Victor Miller’s employment contract failed, ownership of the copyright central to the Friday the 13th franchise was called into question
Evaluating NFT Rights
With murals in uber-trendy Williamsburg, NFTs have “landed,” but what are they REALLY?
The Metaverse and Virtual Asset Ownership
With companies competing to be the first to create a true “Metaverse,” what degree of ownership will it allow, and what sorts of goods and services will it include?
Realistic Games, Trademark, and Grand Theft Auto
The Pig Pen, GTA’s version of the Play Pen, became the subject of a lawsuit and important precedent for realistic games and trademark
Copyright and Tattoos in Realistic Gaming
Realistic games are increasingly popular as gamers demand more of graphics, but what about copyrighted material that they must include for realism?
The State of NFTs in Gaming
Crypto Punks are the best-known NFTs currently, but the field is rapidly evolving, and the gaming industry is in a rush to innovate
Activision Blizzard, Intellectual Property and the Metaverse
Microsoft gets a Blizzard of new Intellectual Property
Spider-Man, Licensing and the SSU
Spider-Man has been part of several successful franchises owned by several different companies, and has the potential to launch a challenge to the MCU from SONY
Superman vs Shazam… in Court
Despite creative writing and a distinct set of powers, Captain Marvel, A.K.A. Shazam, is one of many Golden Age superheroes to take a beating from Superman’s lawyer
Cosplay 2: Fashion & Copyright
Yours Truly as the Devil of Hell’s Kitchen, feeling the nerdjoy that goes along with the mild copyright infringement that is cosplay…
The Strange History and Cascading Derivatives of The Ghostbusters Franchise
The Real Ghostbusters helped to drive the franchise, and is a truly underappreciated gem that spawned a surprising number of derivatives of derivatives of derivatives