Intellectual Property
“Server Test” Is Reaffirmed (For Now) in Hunley v. Instagram
Jim Rosenfeld and Raphael Holoszyc-PimentelThe server test has been the law in the Ninth Circuit since 2007, but in recent years it has come under attack in lower courts in other jurisdictions.
Warhol Foundation v. Goldsmith Roundtable Discussion
Caren Decter, David Korzenik and Mickey OsterreicherThe decision has been controversial and has received mixed reviews within the copyright bar, so MLRC convened an expert roundtable to weigh-in.
“Metabirkins” NFT Trial Tests Multiple Legal Theories
Toby Butterfield and Stephanie SmithHermes International sought legal remedies against Los Angeles artist Mason Rothschild for his creation and sale of NFTs, without obtaining Hermes’ authorization, depicting digital images of revised versions of Hermes’ iconic “Birkin” handbag.
Internet Archive Slammed in Decision Rejecting Mass Distribution of Unlicensed Ebooks Under ‘Controlled Digital Lending’ Theory
Jack Browning, Linda Steinman and Liz McNamaraJudge Koeltl delivered a decision definitively characterizing Internet Archive’s actions as brazen copyright infringement.
Agent of “Notorious RBG” Photographer Lacks Statutory Copyright Standing
Amanda BarkinThe art world’s obsession with using RBG as its muse, lives on. As does legal controversy that surrounds that art and its reproduction.
Do AI Generators Infringe? Three New Lawsuits Consider This Mega Question
Jeremy GoldmanDo content creators have the right to authorize or block AI systems from collecting and using their content as training data?
Wyoming Federal Court Applies Rogers Test and “Genuine Artistic Motive” Test
Alan Friedman and Joshua BornsteinThe case highlights the fact that a national standard as to when First Amendment interests take precedence over trademark infringement and unfair competition claims does not yet exist.
Court Dismisses Trademark & Related Claims Over Product Reference in Fictional TV Show
Kelli L. Sager, Dan Laidman, and Sarah BurnsReinforcing the strong First Amendment protections for the use of real-life products and brands in expressive works, a Los Angeles federal court rejected a trademark and trade libel suit over an episode of “Evil.”
A New World of Intangible Property: NFTs and IP Rights
Milton Springut and Stephanie M. SmithAn exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.
Second Circuit Affirms That Screenshot of Photograph Is Fair Use
Eleanor M. Lackman and Lindsay R. EdelsteinThe court affirmed that Mic’s use of a composite screenshot from a New York Post article to report, criticize, and comment on the article, its subject, and the resulting backlash, was a fair use.