Andy Warhol Foundation For Visual Arts Loses Fair Use Case at SCOTUS

SCOTUS applied the fair use doctrine in a manner coherent with its previous rulings. The Orange Prince silkscreen licensed to Condé Nast constitutes copyright infringement, because a commercial license is not fair use. https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf To cite the court: the “purpose and character” of the Foundation’s use of Goldsmith’s photograph in commercially licensing Orange Prince to …

AI Twist of Heart: Disruption Through Infringement

I realize I had already looked in some detail into the lawsuits against generative AI since January. By May, it is clear that generative AI’s business model relies on copyright infringement. One way to cure this is to join one of the emerging class action lawsuits, in case your artwork has been used to train …

Desjardins Bank Data Leaks and Identity Theft Coverage

I know since yesterday that I am being impersonated by malicious actors who are currently using my ex email rossita@rossitadove.com. Yes, I\’ve been hit with identity theft. I am also a member of the Desjardins class action that recently settled. We are about to receive an initial payout for privacy breach, but members have until …

Sky v SkyKick: UK Court Finds Sky Filed Bad Faith Registrations

In the long-running dispute between Sky and SkyKick, the UK courts developed on the notion of bad faith in trademark filings that normally extends to seeking trade mark protection for a broad range of goods and services way and beyond classes covered by the core trademark. The Court of Appeal clarified that an applicant does …

A TikTok Ban? How Dancing Became a Danger To National Security

DanceByte, the company that brought us TikTok is currently under fire for (1) hosting government officials and (2) being in China. Literally two things outside of DanceByte’s control. This is what our dysfunctional world has come to. The completely unconstitutional ban that couldn’t happen under the previous US administration, seems to be gaining “bipartisan” traction …

AI Generated Art: Kelly McKerman v. Stable Diffusion and Midjourney

A trio of artists — Sarah Andersen, Kelly McKernan, and Karla Ortiz — filed a lawsuit against AI art generators Stable Diffusion and Midjourney, and artist portfolio platform DeviantArt, which recently created its own AI art generator, DreamUp, alleging that these organizations have infringed the rights of “millions of artists” by training their AI tools on five …

Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

All eyes were on SCOTUS yesterday as the court heard arguments in the Warhol Prince case. I always look forward to copyright judgments from this court. This is another case on the application of the fair use doctrine or what I endearingly call, the \”whatever-you-can-get-away-with doctrine\”. Andy Warhol Foundation for the Visual Arts Inc. v. …

Facebook Hit With $175M Patent Infringement Verdict In Instagram Live

The $175M verdict awarded yesterday by an Austin, TX jury in favor of walkie-talkie company Voxer is the latest in the IP infringement portfolio of Meta, the company formerly known as Facebook, this time for using communications technology patented by Voxer in its Facebook Live and Instagram Live features. Voxer first filed its lawsuit against …

Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

For some reason, many people still believe that buying an NFT gives them ownership over intellectual property in original works. The Galaxy Report may have found the culprit of this widespread misconception: intentional misrepresentation. As if you didn\’t know that buying an mp3 doesn\’t give you IP rights to the song encoded in it. You …

Miramax and Tarantino Lawsuit To Clarify NFT Rights

Since last year\’s NFT craze, it is customary to mint unique NFT\’s from original storylines and film characters as cross promotion of new and upcoming films. However, misconceptions around NFT rights (being seen as a new form of intellectual property which they aren\’t), has given some individuals impetus to mint pre-existing IP rights that don\’t …