Copyrighted Images on Social Media
Perfect 10 established that copyright infringement occurs when content is stored on an entity’s server, thus establishing the server test. However, if the purpose, character, nature, portion, and effect of the work on the market substantially differ, then infringement is not present. Hunley implemented the Perfect 10 decision in social media, determining that while a social media platform hosts the photograph on its server, the platform’s terms of use likely grant the social media platform a license.
Earning a Fair Share: Where Copyright Law Falls Short for Creators and What Policies Have Narrowed the Divide
Musicians have long battled to be fairly compensated for the value of their work. Through strategic negotiations by the industries top artists and policymakers taking a stand, the scale is beginning to tilt in their favor.
Who Owns the BU?
An analysis of the recent copyright infringement lawsuit filed by Baylor University against Boston University for allegedly using a confusingly similar interlocking BU logo.
Taylor Swift is a Pioneer of Intellectual Property Rights
Every time Taylor Swift walks out of her door she facilitates massive changes for intellectual property rights of artists in the music industry.
Copyright Infringement vs. Fair Use in the Wake of Artificial Intelligence
Thomson Reuters prevailed in its lawsuit against Ross Intelligence over artificial intelligence and copyright infringement. This ruling marks the first case to apply the four-factor fair use test to find copyright infringement by an AI model.
OpenAI Seeks Dismissal of New York Times Copyright Infringement Lawsuit
OpenAI filed a motion to dismiss a December 2023 lawsuit from the New York Times. The initial suit claims OpenAI infringed The Times’ copyrights by using millions of their articles to generate news answers for users who illegally accessed those articles.
Is Fast Fashion Destroying the Industry?
Fast-fashion companies have been using other designers’ clothing and accessories, recreating the items, and selling them at a much lower price. While trademark and copyright law are sometimes helpful in addressing these issues, the world has started to see a shift in how companies are addressing this problem.
Is History Repeating Itself? The Metaphorical Burning of Alexandria 2.0
In Hachette v. Internet Archive, the United States Court of Appeals for the Second Circuit affirmed a District Court's decision against Internet Archive (“IA”). IA scanned physical books to loan digitized copies to its users through their Open Library Project, claiming fair use of the materials. The Court ruled in favor of the publishers’ claim for copyright infringement.
How Long Can Congress Fake It to Make It Before Regulating AI Deepfakes
AI generated media is becoming indistinguishable from reality. Prior to the 2024 presidential election, there was a concern that AI deepfake videos and audio could spread misinformation that would tarnish election results. Some argue that AI deepfake videos are always protected under the First Amendment, and others believe they should be regulated. Now that the election has concluded, how should Congress act on these concerns in preparation for the 2028 election considering AI technology will further develop.
All I Want for Christmas Is… to Stop Getting Sued
Mariah Carey is being sued for copyright infringement relating to lyrics in her infamous song All I Want for Christmas is You—for the third time.
Who Owns The Copyright For AI-Generated Thanksgiving Recipes?
New York Times food writer Priya Krishna used OpenAI products to generate new Thanksgiving recipes and images, prompting the question: who owns the copyright for these recipes? According to OpenAI’s terms of use, Ms. Krishna owns them, but in reality, copyright for machine generated content is more complicated than that.
Protecting the Creative Outlaws: Graffiti in the United States
As an explosive cultural phenomenon that actively shapes the urban environment, graffiti has a conflicting relationship with the law. This blog explores the relationship between the outlaw nature of graffiti and the intellectual property laws that attempt to provide protection thereof.
The “Rage” Continues: Who Owns the Bob Woodward Trump Interview Recordings?
In January 2023, Former President Donald Trump sued veteran journalist Bob Woodward over the release of audio recordings coming from interviews Trump gave with Woodward. If this suit makes it to court, key questions impacting journalism will be addressed, including who owns an interview, assuming an interview is copyrightable.