In one of the first substantive decisions analyzing whether the use of copyrighted works to train large language models (LLMs) for generative artificial intelligence (AI) services is infringing or a fair use, Judge William...more
In its ruling in the case Cyril E. Vetter, Et Al. v. Robert Resnik, No. 23-1369-SDD-EWD (M.D. La. Jan. 29, 2025), the US District Court for the Middle District of Louisiana ruled that the US songwriter-plaintiff Vetter...more
The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property. GenAI technologies,...more
For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the...more
The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more
5/2/2024
/ Copyright ,
Damages ,
False Advertising ,
Intellectual Property Protection ,
Lanham Act ,
License Agreements ,
Misrepresentation ,
Reputational Injury ,
Right of Publicity ,
Trademark Registration ,
Trademarks ,
Unfair Competition
The US Circuit Court of Appeals for the Tenth Circuit overturned a federal district court's determination that Netflix made fair use of the plaintiff's video in the 2020 Netflix show “Tiger King,” citing last year’s US...more
With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.
In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more
3/27/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Authorship ,
Business Development ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Copyright ,
Copyright Office ,
Defamation ,
Entertainment Industry ,
EU ,
Fair Use ,
General Data Protection Regulation (GDPR) ,
Jack Daniels Properties Inc v VIP Products LLC ,
Machine Learning ,
Media ,
MLB ,
NBA ,
NHL ,
SCOTUS ,
UK ,
USPTO
Proposed bills at the federal and state level were announced January 10, both intended to protect recording artists and the music industry from unauthorized “soundalike” vocals created using artificial intelligence (AI)...more
On August 18, 2023, the US District Court for the District of Columbia held that the US Copyright Office did not abuse its discretion in determining that works generated entirely by artificial intelligence (AI) systems are...more
In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of...more
6/16/2023
/ Artificial Intelligence ,
California ,
Coding ,
Copyright Infringement ,
Data Breach ,
Infringement ,
Licenses ,
Machine Learning ,
Motion to Dismiss ,
Open Source Software ,
Popular
On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more
The Copyright Office indicated that material created using AI may be copyrightable if a human author sufficiently controls the creative process.
Less than a month after denying copyright protection to AI-generated...more
With the start of the new year, the ArentFox Schiff Media & Entertainment Industry team reviews 10 of the most pressing legal issues for companies in 2023.
1. Sweeping Impact of Generative AI -
The gale wind roaring into...more
2/1/2023
/ Artificial Intelligence ,
Copyright ,
DMCA ,
Enforcement ,
Facial Recognition Technology ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Software ,
TikTok ,
UDRP ,
Virtual Reality ,
VPPA
On October 25, 2022, the US Copyright Office proposed a new rule that would end and reverse actions of the Mechanical Licensing Collective (MLC) that have deprived songwriters and their heirs of US copyright royalties after...more
The Review Board of the US Copyright Office (the “Board”) recently ruled, in its first decision of the year, that a two-dimensional artwork entitled “A Recent Entrance to Paradise” (the “Work”) could not be registered for...more
Second Circuit Holds that Movie Screenplay Author was Entitled to Termination Rights -
The Second Circuit held recently that the screenwriter of the pop culture classic “Friday the 13th” did not write the Screenplay as a...more