On February 14, 2022, the Copyright Review Board denied registration for a two-dimensional artwork entitled “A Recent Entrance to Paradise.” What was notable about this artwork was that it was created by artificial intelligence (“AI”). The copyright application was filed by Stephen Thaler, an AI researcher best known for his legal campaigns to seek protection for AI-created works. Copyright Act …
Understanding the Fair Use Doctrine Under the Copyright Act
Lately, I’ve been seeing a lot of misinformation online and in groups I belong to on the topic of copyright law and the fair use doctrine as a defense to copyright infringement. The people giving this advice are not licensed attorneys, but rather, are fellow business owners who are just trying to help. The problem is they are giving bad …
U.S. Supreme Court Says Copyright Owners Need a Registration Before Suing
On March 4, 2019, a unanimous U.S. Supreme Court (“SCOTUS”) finally put to rest the split among the Federal Circuits that a copyright owner may file suit once the U.S. Copyright Office registers a copyright. Previously, some Circuits had allowed lawsuits once an application had been filed with the Copyright Office. Writing for the Court, Justice Ginsberg said that the …
The “Carlton” Not Eligible for Copyright Protection
Last December, Alfonso Ribeiro, aka “Carlton Banks” of TV’s The Fresh Prince of Bel Air fame, sued the makers of popular video game Fortnight for using the dance his character made popular on the show. He claimed the Fortnight makers copied the two-step dance, alleging claims of copyright infringement. In order to sue in Federal Court on claims of copyright …
Fair Use or Infringement?
Last month, the Second Circuit ruled that media-monitoring service TVEyes violated copyright law by re-distributing searchable audiovisual content clips from news outlets, including Fox News Network, reversing an earlier ruling that the service was protected by the fair use doctrine. The Second Circuit held that TVEyes’ use was transformative, but since the redistribution made available virtually all of Fox News’ …
License to Be Ill
GoldieBlox named Finalist in Super Bowl Contest Last week, enterprising startup toy company GoldieBlox, was named a finalist in Intuit’s Small Business competition which awards one small business with a professionally made, 30-second commercial which will air during this year’s Super Bowl, scheduled to take place at the New Jersey Meadowlands. The average cost of a 30-second spot during one …
Copyright Infringement – Downward Dog
FAMOUS YOGI IN HOT WATER With a new year upon us and everyone making New Year’s resolutions, this month’s post is very timely. For those of you who embrace the ancient practice of yoga to help strengthen your body and relax your mind, have you ever wondered if your favorite yoga technique is covered by intellectual property law? The answer …