Generative AI is a minefield for copyright law; The Conversation, June 15, 2023

Robert Mahari JD-PhD Student, Massachusetts Institute of Technology (MIT), Jessica Fjeld
Lecturer on Law, Harvard Law School, Ziv Epstein PhD Student in Media Arts and Sciences, Massachusetts Institute of Technology (MIT), The Conversation; ; Generative AI is a minefield for copyright law 

"While copyright law tends to favor an all-or-nothing approach, scholars at Harvard Law School have proposed new models of joint ownership that allow artists to gain some rights in outputs that resemble their works.

In many ways, generative AI is yet another creative tool that allows a new group of people access to image-making, just like cameras, paintbrushes or Adobe Photoshop. But a key difference is this new set of tools relies explicitly on training data, and therefore creative contributions cannot easily be traced back to a single artist. 

The ways in which existing laws are interpreted or reformed – and whether generative AI is appropriately treated as the tool it is – will have real consequences for the future of creative expression."

How Music Copyright Lawsuits Are Scaring Away New Hits; The Rolling Stone, January 9, 2020

Amy X. Wang, The Rolling Stone;

How Music Copyright Lawsuits Are Scaring Away New Hits

 "Artists, songwriters, producers, and labels are now awaiting the next Zeppelin verdict, with many hoping that a judgment in Page and Plant’s favor could unwind some of the headache-inducing ambiguity introduced by the “Blurred Lines” ruling. Others see the case, which has a chance of going all the way up to the Supreme Court, as a reopening of Pandora’s box. Will the latest ruling clarify the scope of music copyright — or muddy it even further? “At what point is an element of creative expression protectable?” says media intellectual-property attorney Wesley Lewis. “Litigators are all hoping for more clarity.”"

Judge Denies Author Attempt to Trademark 'Cocky' ; Publishers Weekly, June 4, 2018

Jim Milliot, Publishers Weekly; Judge Denies Author Attempt to Trademark 'Cocky'

"Although Hopkins had obtained her trademark, the law only allows trademarks in limited cases. The law prevents individual titles from being trademarked, only series titles, and allows that common words cannot be trademarked at all, unless they develop an association in the minds of the public with a particular source...

In denying Hopkins’ motion for an injunction, Judge Hellerstein found that the injunction was unlikely to proceed on the merits, noting that “cocky” is a common word and a weak trademark."