Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
Unmanned Aircraft Systems
You know it, instinctively if not empirically – there are many good reasons to use photos in your ads and print pieces and on your web pages – photos capture attention better than bold headlines and they add visual interest....more
A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The...more
Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more
The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news...more
In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more
In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more
The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will...more
On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2...more
For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more
On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more
Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more
Addressing for the first time the issue of implied copyright sublicenses, the US Court of Appeals for the First Circuit held that where a copyright license provides an unrestricted right to grant sublicenses, a copyright...more
It is no secret about the proliferation of copyright lawsuits that have been filed over the past four years over the unauthorized use of photos online, many against media companies that seek to shield themselves from...more
When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party. Such an act in 2017 yielded a snapshot of...more
Though drones have become more and more ubiquitous in hobbyist circles over the past decade, interest in the small, unmanned aircraft has only recently begun to spread into the commercial realm....more
Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more
This month, a California woman sued Chipotle for $2.2 billion based on the burrito chain's unauthorized use of her photograph in its promotional materials. The $2.2 billion demand represents Chipotle's profits from 2006, when...more
Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more
In the face of increasing public and congressional pressure to speed up access to domestic skies for commercial drone use, the FAA granted four companies permission to use drones for aerial surveillance, construction site...more
The Federal Aviation Administration recently granted six aerial photo and video companies exemptions from FAA regulations that — before now — wholesale banned the use of unmanned aircraft systems for commercial purposes in...more