ChatGPT and Generative AI Are Hits! Can Copyright Law Stop Them?; Bloomberg Law, June 26, 2023

Kirby Ferguson, Bloomberg Law; ChatGPT and Generative AI Are Hits! Can Copyright Law Stop Them?

"Getty Images, a top supplier of visual content for license, has sued two of the leading companies offering generative AI tools. Will intellectual property laws spell doom for the burgeoning generative AI business? We explore the brewing battle over copyright and AI in this video. 

Video features: 

• Riddhi Setty, Bloomberg Law IP reporter
• Ian B. Crosby, Susman Godfrey partner
• Mark A. Lemley, Standford Law School professor of tech and IP law"

The Copyright Claims Board Celebrates Its First Year; Library of Congress Blogs, Copyright Creativity At Work, June 26, 2023

Holland Gormley,  Library of Congress Blogs, Copyright Creativity At Work; The Copyright Claims Board Celebrates Its First Year

"This month marks a full year since the Copyright Claims Board (CCB) became available to the public, providing an efficient, streamlined way to resolve copyright claims involving damages of up to $30,000. Over the past twelve months, the CCB has delivered on the Copyright Office’s Copyright for All goal to expand access to justice and to make the copyright system as understandable and accessible to as many members of the public as possible. Let’s break down some of our milestones and review how we have created a truly accessible copyright tribunal."

Fair use protection against copyright infringement claims just got smaller; Richmond Times-Dispatch, June 24, 2023

John Farmer , Richmond Times-Dispatch; Fair use protection against copyright infringement claims just got smaller

"Now, the borrowing artist must focus on whether the original work and the borrower’s rendition might be used for the same purpose. If the purposes are the same, such as artwork for a company’s blog post, and if the company is for-profit, there is a high risk that the borrowing isn’t fair use."

US cyber ambassador says China knows how to steal its way to dominance of cloud and AI; The Register, June 23, 2023

 Simon Sharwood, The Register; US cyber ambassador says China knows how to steal its way to dominance of cloud and AI

"China has a playbook to use IP theft to seize leadership in cloud computing, and other nations should band together to stop that happening, according to Nathaniel C. Fick, the US ambassador-at-large for cyberspace and digital policy.

Speaking at an event hosted by think tank Hudson Institute, Fick said 30 years ago democratic nations felt they had an "unassailable global advantage in telecoms" thanks to the strength of outfits like Ericsson, Nokia, Samsung, Motorola, Bell Labs, Alcatel and Lucent.

But he feels those titans became complacent, governments stopped watching the tech develop, and "I don't think we appreciated or acted on the reality that these technologies were going to be central to our geopolitical standing."

But China noticed. And it "executed a deliberate strategy of IP theft and government subsidies."

Webinar: Registration Guidance for Works Containing AI-generated Content; U.S. Copyright Office, Wednesday, June 28, 2023 2 PM EDT

 U.S. Copyright Office; Webinar: Registration Guidance for Works Containing AI-generated Content

"Breakthroughs in generative AI technology have prompted growing curiosity about the registrability of works containing AI-generated material. On June 28, 2023, join the Copyright Office to learn about how the Office evaluates applications to register these types of works. Experts will walk attendees through the Office’s March 2023 Registration Guidance: Works Containing Material Generated by Artificial Intelligence and answer some frequently asked questions. At the end of the presentation, attendees will have an opportunity to submit questions to the Office’s experts.

Time: June 28, 2023, 2pm ET

Speakers:

• Rob Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice
• Erik Bertin, Deputy Director of Registration Policy and Practice"

Mattel once sued over the ‘Barbie Girl’ song — before learning to love it; The Washington Post, June 23, 2023

 Jennifer Hassan, The Washington Post; Mattel once sued over the ‘Barbie Girl’ song — before learning to love it

"“Mattel lost all those cases and got the message,” Tushnet said. “These were important precedents protecting commentary at a time when the internet was just allowing people to reach larger audiences without traditional gatekeepers. Then the ‘Barbie Girl’ case confirmed that traditional, commercial media also had the freedom to parody and comment on well-known trademarks.”"

Fresh blow for Meghan Markle and Prince Harry as Archetypes patent bid fails amid Kate Middleton rumours; Scottish Daily Express, June 22, 2023

Douglas Dickie,  Scottish Daily Express; Fresh blow for Meghan Markle and Prince Harry as Archetypes patent bid fails amid Kate Middleton rumours

"Prince Harry and Meghan Markle have been dealt a fresh blow after an attempt to trademark their Archetypes podcast failed. The Sussexes had hoped to bag exclusive rights to the name as they look to find a new platform for it after splitting with Spotify.

But their hopes were dashed by the US Patent and Trademark Office which refused to grant the request due to potential confusion with an existing company. Meghan had produced just 12 episodes and a Christmas special of Archetypes for Spotify before the £18 million deal was ended...

However, it emerged that a trademark for Archetypes LLC already existed. An Arizonian firm claimed it in 2015 for use in a series of books and articles about "nutrition, fitness, sexuality, psychological self-improvement"."

British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement; ArtNews, June 21, 2023

Karen K. Ho,  ArtNews; British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement

"The British Museum has removed translations of poetry by a Chinese revolutionary from one of its exhibitions after a translator alleged that her work was used without permission or payment. 

Vancouver-based editor, poet, and translator Yilin Wang said she did not receive any credit or reimbursement for their translations when they appeared in “China’s Hidden Century,” which opened on May 18 and includes translations of poetry by Qiu Jin, a feminist and revolutionary that the New York Times dubbed “China’s Joan of Arc.”...

On June 21, the British Museum’s spokesperson sent ARTnews a statement that said, “Recently we realised that permissions and acknowledgement for a translation by Yilin Wang had been inadvertently omitted from our exhibition China’s hidden century. This was an unintentional human error for which the Museum has apologised to Yilin Wang.”

The statement confirmed that the museum listened to Wang’s request to take down their translations in the exhibition. “We have also offered financial payment for the period the translations appeared in the exhibition as well as for the continued use of quotations from their translations in the exhibition catalogue. The catalogue includes an acknowledgement of their work. We continue to be in discussion with Yilin Wang.”

The museum’s statement also called the criticism its staff has recently received on social media “unacceptable,” noting, “It is through their scholarship and efforts, and those of their collaborators, that we have been able to present this period of Chinese history, through people-centred stories, to the thousands visiting the China’s hidden century temporary exhibition at the British Museum. We stand behind our colleagues fully and request those responsible for these personal attacks to desist as we work with Yilin Wang to resolve the issues they have raised concerning the use of their translations within the exhibition.”"

‘Transformative’ journals get booted for switching to open access too slowly; Science, June 20, 2023

JEFFREY BRAINARD, Science; ‘Transformative’ journals get booted for switching to open access too slowly

"Two-thirds of the more than 2300 scientific journals participating in a program designed to flip them to open access (OA) failed to meet prescribed targets for progress in 2022. As a result, the Coalition S group of research funders behind the initiative announced today that it will remove these journals from the program at the end of the year. The funders will no longer pay the fees these journals charge authors for OA publication, although scholars may still publish OA articles in these titles if they pay using other funding sources."

Apple is trying to trademark depictions of actual apples; Mashable, June 19, 2023

 Cecily Mauran, Mashable; Apple is trying to trademark depictions of actual apples

"The ripple effects of Apple winning its legal battle would extend far beyond the tech world. The Fruit Union Suisse, a 111-year-old organisation, has a logo featuring a red apple with a white Swiss cross superimposed on it. But now the association could find itself in the position of having to change its logo because the FUS says Apple wants IP rights to all depictions of apples in general — not just the apple with the bite in it like Apple's iconic logo.

"We have a hard time understanding this, because it’s not like they’re trying to protect their bitten apple," Jimmy Mariethoz, director of FUS, said to Wired. "Their objective here is really to own the rights to an actual apple, which, for us, is something that is really almost universal … that should be free for everyone to use.""

Why Your Face Should Be a Trade Secret; University of Virginia School of Law, March 23, 2023

Mary Wood, University of Virginia School of Law; Why Your Face Should Be a Trade Secret

"Facial recognition technology is used to unlock phones, unlock doors of luxury homes and lock up criminals. It’s so powerful and rife with the potential to be misused that regulators should treat faces like trade secrets, says Professor Elizabeth A. Rowe on the season finale of “Common Law,” a podcast of the University of Virginia School of Law.

Rowe, one of the world’s leading experts on trade secrets and intellectual property, talks with hosts Dean Risa Goluboff and Professor Danielle Citron about her paper “Regulating Facial Recognition Technology in the Private Sector,” published recently in the Stanford Technology Law Review.

Rowe details not only how private corporations and governments are using facial recognition technology, but offers a glimpse at more extreme cases."

Reexamining "Fair Use" in the Age of AI; Stanford University Human-Centered Artificial Intelligence (HAI), June 5, 2023

Andrew Myers

,  Stanford University Human-Centered Artificial Intelligence (HAI; Reexamining "Fair Use" in the Age of AI

"Most lay people haven’t given a second thought to the fact that most of the words and images in datasets behind artificial intelligent agents like Chat-GPT and DALL-E are copyrighted, but Peter Henderson thinks about it — a lot. 

“There’s a lot to think about,” says Peter Henderson, a JD/PhD candidate at Stanford University and co-author of the recent paper, Foundation Models and Fair Use, laying out a complicated landscape...

Establishing New Guardrails

Henderson does have some recommendations for coming to grips with this growing concern. The first guardrail is technical. The makers of AI can install fair use filters that try to determine when the generated work — a chapter in the style of J.K. Rowling, for instance, or a song reminiscent of Taylor Swift — is a little too much like the original and begins to infringe on fair use."

10 things to know about copyright and software; Lexology, June 20, 2023

Gowling WLG - Matt Hervey , Lexology; 10 things to know about copyright and software

"8. Other people can copy what your software does …

You can enforce your copyright against someone copying your code, not copying what your software does. Copyright protection only applies to "expression" not ideas and principles. Under UK and EU law, if someone has lawful access to your software (e.g. someone you have licensed to use it) they are entitled to study and test the way it functions to figure out (and copy) the ideas and principles underlying the software. In fact, any contractual provision to the contrary is null and void.

9. … so consider patent protection

Unlike copyright, patents grant you a 20-year monopoly over what your software does: you can stop other people doing the same thing and it does not matter whether they copied you or came up with the same idea independently. Getting patents for software is not straightforward and needs specialist advice on what is possible. You may also want to check if other people have patents covering what you want to do. Our Patents team can advise you on any challenges you face in a number of jurisdictions.

10. … and trade secrets 

Where patent protection is not possible or desirable, keeping the code and workings of your software secret may be the best option. Restrict access to source code (and AI-related assets such as training data, hyperparameters, models and outputs) with password protection, firewalls, access logs, etc. Use APIs to restrict third-party access to source or compiled code and considering restricting the throughput of access to your API (the performance of AI models can be partially reverse engineered quickly given unrestricted access to inputs and outputs).

Put in place training, policies and contractual terms with employees, contractors and collaborators for the protection, use and potential disclosure of trade secrets. Bake this into you IP strategy and procedures to benefit from the enforcement options for trade secrets and confidential information. Having good procedures helps to protect both your own secrets and third-party secrets entrusted to you … and to stop employees and contractors bringing unwanted third-party secrets into your business."

What AI can teach us about copyright and fair use; Freethink, May 8, 2023

Brandon Butler , Freethink; What AI can teach us about copyright and fair use

"So what have we learned? Copyright may protect authors in the first instance, but ultimately its role is to further the public good. Copyright regulates competition, but only in specific ways. Fair use is an essential bulwark against copyright literalism in the digital age. And finally, fair use can help technology to unlock free aspects of protected works. I can’t say, yet, whether I welcome our new robot overlords. I’m not even sure if they will be our overlords. But I have certainly appreciated the way that thinking about them has helped to sharpen my own thinking about copyright."

The Biden administration is endangering intellectual property rights; The Dallas Morning News, June 20, 2023

Frank Cullen, The Dallas Morning News; The Biden administration is endangering intellectual property rights

"Simply put, the waiver seeks to solve a problem that doesn’t exist.

What the waiver would do is quash the development of additional COVID-19 countermeasures, from lifesaving antiviral pills to rapid tests even more accurate than the ones we have. Firms currently investing in new COVID-19 tests and treatments will have no reason to continue their work if the IP rights for those products are preemptively nullified.

In the long term, an IP waiver would set a devastating precedent for U.S. innovators working to address crises far beyond COVID-19. Startups and inventors need secure intellectual property rights to raise funding and recoup their steep research and development costs, especially in America’s life sciences industry. New drugs often cost more than $2 billion and can take more than a decade to make it to market."

Judge Backs A&E in ‘Live PD’ Copyright Lawsuit; The Hollywood Reporter, June 19, 2023

 RICK PORTER, The Hollywood Reporter; Judge Backs A&E in ‘Live PD’ Copyright Lawsuit

"Failla wrote in her ruling that while individual elements of a show like Live PD, including live footage from law enforcement and analysis from in-studio hosts, aren’t eligible for copyright protection, “the particular selection and arrangement of the elements as a whole — namely, the mix of live police footage and in-studio commentary; the black screen displaying a message regarding a suspect’s innocence in white text each time the show begins or returns from a break; the red and blue lights to mirror police cars; the use of hosts Dan Abrams and Sgt. [Sean] Larkin, sitting around virtually identical tables with virtually identical mugs; the sequencing of the ‘Missing’ and ‘Crime of the Week’ segments and the guest on the ‘Missing’ segment; the positioning of the hosts; the specific and consistent camera angles used; and the following of specific police departments across weeks — considered together, are sufficiently creative to state a cognizable copyright claim.”"

EU votes for AI copyright disclosure in ‘first of a kind’ act; World Intellectual Property Review; June 15, 2023

Muireann Bolger World Intellectual Property Review; EU votes for AI copyright disclosure in ‘first of a kind’ act

"Transparency rules over copyrighted content used in training data increase risks for foundational AI developers| Landmark AI Act thought to be the first of its kind in the world"

Stan Lee said he was 'heartbroken' that he never copyrighted Marvel characters for himself; Insider, June 16, 2023

 Eammon Jacobs , Insider; Stan Lee said he was 'heartbroken' that he never copyrighted Marvel characters for himself

""I always resented the fact that when I wrote these stories, I never thought, 'Gee, I ought to try and copyright something myself and own it.' It always belonged to the company," said Lee. "So, from a business point of view, that was a mistake. I was heartbroken. There wasn't much I could do about it.""

Disfarmer heir, Little Rock museum argue over copyright; Arkansas Democrat Gazette, June 18, 2023

Bill Bowden , Arkansas Democrat Gazette; Disfarmer heir, Little Rock museum argue over copyright

"According to Stewart, the museum has no claim to the copyright because it has no document showing that the copyright was passed from Disfarmer or his heirs to the museum, or anyone else.

In the June 1 filing, Stewart's attorneys cited 17 U.S.C. § 204: "A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.""

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."

The future of open educational resources; Community College Daily, April 27, 2023

James Glapa-Grossklag is dean of educational technology, learning resources and online education at College of the Canyons (California).

Una Daly is director of the Community College Consortium for Open Educational Resources (CCCOER) at Open Education Global, Community College Daily; The future of open educational resources

"The future of OER is that it will not be the next big thing, but rather that OER will be a common way for students to freely access information, a tool in the enrollment management toolkit, and a commitment to equitable outcomes and collaborative teaching."

Elon Musk called copyright a ‘plague on humanity’ and now he’s being sued for $250 million by music publishers who claim Twitter stole their content; Forbes, June 15, 2023

 RACHEL SHIN, Forbes; Elon Musk called copyright a ‘plague on humanity’ and now he’s being sued for $250 million by music publishers who claim Twitter stole their content

"A group of music companies is suing Twitter for over $250 million, claiming the platform has ignored many copyright violation notices. The coalition is composed of 17 music publishers, including such big names as Sony Music Publishing, Universal Music Corp., and Big Machine Music. One problem for Elon Musk in defending the lawsuit is that he’s said he considers copyright a “plague on humanity.”"

From Roald Dahl to Goosebumps, revisions to children’s classics are really about copyright – a legal expert explains; The Conversation, March 7, 2023

Cathay Smith, The Conversation ; From Roald Dahl to Goosebumps, revisions to children’s classics are really about copyright – a legal expert explains

"Over the past decades, authors, copyright owners and publishers have edited and updated children’s books. They have removed racial stereotypes, reflected changing gender and cultural norms and in doing so, maintained their books’ relevance and appeal to the modern reader.

Hugh Lofting’s The Story of Doctor Dolittle (1920), Dr. Seuss’s And To Think That I Saw It On Mulberry Street (1937), Helen Bannerman’s The Story of Little Black Sambo (1899), Mark Twain’s Adventures of Huckleberry Finn (1885) and classic children’s books series such as Hardy Boys and Nancy Drew have all changed to keep up with increasing sensitivities to racial, gender and other social stereotypes...

Copyright law grants its holder the exclusive right to edit a copyrighted children’s book and the right to limit publication of a work. This means that during a book’s copyright term, the copyright holder has the right to make edits that maintain the book’s popularity and commercial viability. 

This is true even when an author no longer owns the copyright to their work. In those situations, the copyright holder generally has the right to make edits to the work even without the author’s consent, as Goosebumps author R.L. Stine recently discovered."

Trademark Infringement Is No Joking Matter: Supreme Court Reevaluates Parody Fair Use Exception and First Amendment’s Place in Trademark Infringement; Lexology, June 12, 2023

Atkinson Andelson Loya Ruud & Romo, Lexology ; Trademark Infringement Is No Joking Matter: Supreme Court Reevaluates Parody Fair Use Exception and First Amendment’s Place in Trademark Infringement

"In a unanimous 9-0 decision, the U.S. Supreme Court ruled that when a junior trademark user uses a parody of a famous trademark as an indicia of source for its own goods, the junior user cannot rely on the First Amendment to shield it from liability for trademark infringement for artistic or so-called “expressive works,” nor the parody exception to trademark dilution claims under the Lanham Act.

The Supreme Court’s June 8, 2023, decision in Jack Daniel’s Properties v. VIP Products vacated an earlier decision by the Ninth Circuit, which had ruled in favor of the junior trademark user that was selling a dog toy—“Bad Spaniels”— that parodied a Jack Daniel’s whiskey bottle. In ruling that the Rogers test, previously used to protect First Amendment interests and “fair use” in the trademark context, is not applicable when an infringer uses such mark as a source identifier—i.e., as a trademark—for its own goods, the Court clarified a significant point of contention in trademark law."

Commentary: Warhol decision’s implications for creators, artists; Minnesota Lawyer, June 16, 2023

 Jack Amaral and Jon Farnsworth, Spencer Fane LLP, Minnesota Lawyer; Commentary: Warhol decision’s implications for creators, artists

"Impact on artists and copyright holders

This decision is a victory for copyright holders. Although copyright infringement and analysis of the Fair Use Doctrine is a case-by-case factual analysis where a judge determines whether fair use is a valid defense based on the four factors above, this decision sends a clear message that commercial uses of copyrighted works might be less likely to be considered fair use. This decision could have a significant impact on photographers, artists, and other creators such as software engineers.

Creators who build off copyrighted works should be aware of this decision and know the potential consequences of building off of other’s work. This decision will likely make it more difficult to show a work is “transformative” while leaving an artist open to liability...

Takeaways for creators and businesses:

• If you have current works that are protected under copyright law, keep your eyes peeled for potentially infringing works. Speak with an experienced intellectual property attorney to see if you may have a valid infringement claim.
• If you build off of other creator’s work to create your own, speak to an intellectual property attorney who will walk you through the four factors of the Fair Use Doctrine and help determine if your work could be considered infringement and open you up to potential liability."

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

"We’re part of a team of 14 experts across disciplines that just published a paper on generative AI in Science magazine. In it, we explore how advances in AI will affect creative work, aesthetics and the media. One of the key questions that emerged has to do with U.S. copyright laws, and whether they can adequately deal with the unique challenges of generative AI.

Copyright laws were created to promote the arts and creative thinking. But the rise of generative AI has complicated existing notions of authorship."

Rapid advances in AI set to upend intellectual property; Financial Times, June 14, 2023

 Nick Huber, Financial Times; Rapid advances in AI set to upend intellectual property

"Holzgartner, of 2SPL, likens the use of AI in intellectual property to a painting that has only just been started.

“So far, we have a white canvas, with maybe two or three lines drawn on it. We are far away from having a complete picture . . . on how to handle things."

Can you copyright the content you make with generative AI?; Descript via Fast Company, June 14, 2023

BRANDON COPPLE—DESCRIPT via Fast Company; Can you copyright the content you make with generative AI?

"So if you’re using generative AI tools to create any part of your content— the cover art for your podcast, the background for your video, anything— the best thing you can do is to be sure you’re employing as much human creativity in the process as possible. This might mean writing prompts with as much detail as possible—well beyond just suggesting ideas. You’ll want to be able to show you had a specific expression of your ideas in mind, and you just used the AI as a tool to generate it...

Of course, the line between what is merely an idea and what’s a specific expression of that idea is subjective, so it may be difficult to know whether what you have added rises to the level of something protectable. We can probably expect things to remain fairly murky, at least for a while. 

For now, Lisa warns that it is important to be aware that even highly detailed involvement in the process may not be sufficient to make the output protectible, as the Copyright Office has seemingly set a very high bar. So there may not be much you can to do prevent others from copying AI-generated output. That’s a key consideration when you’re deciding where and how to use generative AI in your creative process.

A final note: as Lisa points out, the Copyright Office did indicate that if someone sufficiently modifies generated output, that could be protectable. So, if you’re using generative AI as a starting point—e.g., using ChatGPT to create a rough draft and then rewriting it for your own voice—be sure you document the changes you made before you try to file for copyright protection, and then explain it in the application."

Twitter sued for $250 million by music publishers over ‘massive’ copyright infringement; The Verge, June 14, 2023

Richard Lawler,, The Verge ; Twitter sued for $250 million by music publishers over ‘massive’ copyright infringement

"The National Music Publishers' Association (NMPA) is suing Twitter on behalf of 17 music publishers representing the biggest artists in the business. The lawsuit, filed in federal court in Tennessee, claims the company "fuels its business with countless infringing copies of musical compositions, violating Publishers' and others' exclusive rights under copyright law." 

It also has a list of 1,700 or so songs (included below) that the publishers say have been included in multiple copyright notices to Twitter without the company doing anything about it, asking the court to fine Twitter up to $150,000 for each violation."

Art Basel banana artist prevails in copyright lawsuit; Axios, June 13, 2023

 Deirdra Funcheon, Axios; Art Basel banana artist prevails in copyright lawsuit

"The Art Basel banana did not rip off a similar work, a federal judge in Miami ruled last Friday.

What's happening: Italian artist Maurizio Cattelan famously taped a banana to a wall at Art Basel Miami Beach in 2019, titled "Comedian," which sold for $120,000. 

• He was sued by California artist Joe Morford, creator of a 2001 work, "Banana and Orange," but prevailed in a case alleging copyright infringement.

The bottom line: Cattelan claimed he'd never seen Morford's work and was expanding off his own idea from 2018, when he'd depicted a banana with red duct tape for a cover of New York Magazine.

• In granting Cattelan's motion for summary judgment, Judge Robert N. Scola Jr. pointed to differences between the artworks, including the background and the angle at which the bananas were placed."

Boeing sued over alleged theft of IP, counterfeiting of tools used on NASA projects; CNBC, June 7, 2023

 Michael Sheetz, CNBC; Boeing sued over alleged theft of IP, counterfeiting of tools used on NASA projects

"Wilson’s complaint alleges that its tools — used for NASA projects including the International Space Station and its Space Launch Systems moon rocket — helped Boeing win billions in contract awards and fees from the government. Wilson also alleges that the counterfeit version of the tools that Boeing made led to leaks on the ISS and the SLS — and “put lives at risk,” including the lives of astronauts.

The company brought 10 claims against Boeing, including claims of copyright infringement, misappropriation and theft of trade secrets, and fraud."

Matt Damon, Ben Affleck's production firm slams Donald Trump for misusing video; UPI, June 10, 2023

Adam Schrader , UPI; Matt Damon, Ben Affleck's production firm slams Donald Trump for misusing video

"Matt Damon and Ben Affleck's production company has slammed Donald Trump for violating its copyright after the former president shared a video that misused a monologue from their latest film, "Air."

Trump had shared a campaign video that used more than two minutes of Damon speaking as Sonny Vaccaro, the sports marketing executive behind Nike's Air Jordan shoe line."

If AI invents a new medicine, who gets the patent?; Stat, June 8, 2023

Brittany Trang, Stat; If AI invents a new medicine, who gets the patent?

"Pharmaceutical and biotech companies are increasingly using artificial intelligence to discover and make drugs and therapeutics. Congress on Wednesday asked the question: Does that mean AI can be an inventor on a patent?"

Marvel settles with four artists in superhero copyright fight; Reuters, June 9, 2023

 Blake Brittain, Reuters; Marvel settles with four artists in superhero copyright fight

"The filings said Marvel would drop its lawsuits against Larry Lieber and the estates of Don Heck, Gene Colan and Don Rico with prejudice, which means they cannot be refiled. A Disney spokesperson and an attorney for the artists said they had reached an "amicable resolution."

Marvel did not appear to have settled with the estate of comic book artist Steve Ditko, which is seeking to reclaim his share of copyrights in Spider-Man and Doctor Strange. Both sides asked a Manhattan federal court for pretrial wins in that case last month.

Under the Copyright Act, a creator can terminate a copyright assignment after decades in certain circumstances. Marvel sued the artists, who wrote and illustrated Marvel comics in the 1950s, 60s and 70s, after they sought to terminate and reclaim copyrights related to several superheroes."

A Filmmaker's Guide to Creating Intellectual Property for Film and TV; No Film School, June 8, 2023

 Jason Hellerman, No Film School; A Filmmaker's Guide to Creating Intellectual Property for Film and TV

"What Are the Kinds of IP You Should Be Creating For Hollywood?  

When it comes to creating intellectual property for Hollywood, various types of stories and packages have historically been successful in the entertainment industry.

1. 1. Spec Scripts: Well-written screenplays and scripts are the foundation of many successful films and television shows. Developing compelling stories with engaging characters and interesting dialogue is crucial. 

   2. Book Adaptations: Hollywood often looks to popular books and novels for source material. If you have a unique and captivating story that could be adapted into a screenplay, it could attract attention from producers and studios. Or maybe you can find lesser-known books that you can show to producers that might be easier to get.  

   3. Franchise Concepts: Do you have an idea for a franchise? Hollywood studios are always on the lookout for potential franchises that can span multiple movies or spin-off projects. Developing a rich and expansive world with the potential for sequels or spin-offs can be highly appealing. These could be pitches for huge worlds you could option together or written documents you make to show them a very lucrative avenue you want to be the voice behind.  

   4. Comic Books and Graphic Novels: The success of comic book adaptations in recent years has made this medium particularly attractive to Hollywood. Creating a captivating comic book series or graphic novel with strong characters and a compelling narrative can pique the interest of producers. You could work with an artist and make your own or just have ideas for when you do a general at DC, Marvel, or another spot.  

   5. Video Games: The boundaries between film and video games are becoming increasingly blurred. Developing a unique and immersive video game concept with a captivating storyline and engaging characters could attract interest from both the gaming and entertainment industries. Do you have games you loved that you want to adapt? Then reach out to those companies or have your reps do it for you. Always have a title a company makes to talk about if you get a general with them.  

   6. Short stories: So many writers I know have made the switch to developing and writing their own short stories. These can serve as ideas you try to get published and retain the rights to, and can also be easily shared and adapted.  

   7. True Stories, News Stories, and Biopics: Stories based on true events or the lives of real people often have a strong appeal to audiences. If you come across an untold story or a compelling biography, it could be worth exploring its potential for adaptation. If something is in the news or zeitgeist, it might be in the public domain or you have fair use of it, so you can adapt it or be inspired by something other people have heard of without paying a penny."

Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder; JD Supra, June 6, 2023

 Mark Avsec, Angela Gott, idia Mowad, JD Supra; Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder

"The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not apply to commercial copying of an original work if the copy serves the same or highly similar purpose as the original. Despite the Court’s efforts to limit its holding, the decision is far from a one-hit wonder. Now more than ever, artists and others should proceed with caution when creating unauthorized derivative works, especially if they plan to commercialize them."

Tolkien Estate Suing Author for LOTR Rip-Off; Kirkus, June 5, 2023

MICHAEL SCHAUB, Kirkus; Tolkien Estate Suing Author for LOTR Rip-Off

"J.R.R. Tolkien’s estate is suing an author who it claims ripped off the author’s Lord of the Ringsbooks, Bloomberg Law reports.

The Tolkien Trust filed suit against an author named Demetrious Polychron, who wrote a sequel to the author’s famous series called The Fellowship of the King. The title references The Fellowship of the Ring and The Return of the King, respectively the first and third installments of the Lord of the Rings trilogy."