As artificial intelligence technologies continue to evolve and permeate various industries, the legal landscape surrounding their use becomes increasingly complex. One of the critical aspects that legal professionals must navigate is indemnification, particularly as it pertains to AI companies and their customers. This blog post explores the significance of indemnification in the context of AI, … Read more
The emergence of AI-generated content platforms like SORA has ushered in a new era of creative possibilities, simultaneously unveiling a complex legal landscape fraught with challenges. At the forefront of these challenges lies defamation, a critical issue that highlights the tension between technological innovation and personal reputation. Defamation law has long protected individuals from false … Read more
In a striking development, Marvel Characters, Inc. and DC Comics have lost their trademark registrations for “SUPER HEROES” and “SUPER HERO” through a default judgment issued by the Trademark Trial and Appeal Board (TTAB) on September 26, 2024. The Historical Journey of “Super Hero” The path to this moment began not with Marvel or DC, … Read more
In a case that echoes recent AI-related intellectual property disputes like Scarlett Johansson’s lawsuit over her voice being used without permission in AI training, Alcon Entertainment has filed a lawsuit against Tesla, Elon Musk, and Warner Bros. Discovery (WBDI) over the unauthorized use of Blade Runner 2049 imagery during Tesla’s cybercab launch event. The drama … Read more
As artificial intelligence continues to permeate various aspects of our daily lives, one can only wonder: Will AI make us lazy? This blog post explores the potential for AI to influence human behavior, particularly in terms of reducing motivation and effort, and examines the legal implications that may arise from this phenomenon. Task Automation and … Read more
In August 2024, a class action lawsuit was filed against Anthropic PBC, a technology company recognized for developing advanced AI capabilities, notably its Claude family of large language models (LLMs). The lawsuit, spearheaded by authors Andrea Bartz, Charles Graeber and Kirk Wallace Johnson, accuses Anthropic of unlawfully utilizing copyrighted materials—specifically, a vast collection of pirated … Read more
In a bizarre case of life imitating art, actress Scarlett Johansson finds herself in a battle with OpenAI over the AI company’s alleged unauthorized mimicking of her distinctive voice. Back in 2013, Johansson voiced an advanced AI virtual assistant named Samantha in the Spike Jonze film “Her,” playing a role that explored the future implications … Read more
A new front has opened up in the ongoing battle between tech giants and content creators. Eight major daily newspapers owned by Alden Global Capital have sued OpenAI and Microsoft, accusing the tech behemoths of illegally using millions of copyrighted news articles to train their AI chatbots, including the ChatGPT and Microsoft’s Copilot. The lawsuit, … Read more
The U.S. Department of Justice and a coalition of over a dozen states have filed a major antitrust lawsuit against Apple, accusing the tech giant of illegally maintaining a monopoly in the smartphone market. The legal battle will serve as a high-stakes test case for how U.S. antitrust laws drafted over a century ago can … Read more
The New York Times has filed a lawsuit against Microsoft and OpenAI alleging that their generative AI systems, including Copilot/Bing Chat and ChatGPT, infringe on the Times’ copyrighted articles by copying and using them without permission to train the AI models. The Times’ key points: As of this writing, the defendants have not responded.
The U.S. Copyright Office has ruled that AI-generated artwork cannot be copyrighted. Let’s talk about that. But first a little background. What’s a Copyright A copyright is a legal right that grants exclusive control over the use and distribution of an original creative work. It gives the creator or owner of the work the exclusive … Read more
Sherlock Holmes in the public domain / Moriarity can only complain / The game is afoot / It’s time for a book / Sit back and have some [cough] champagne / More on copyright here and here.
ComicMix, together with creators David Gerrold and Ty Templeton, created a Kickstarter campaign to fund the printing and distribution of a work, Oh, the Places You’ll Boldly Go!. The work was a clear nod to Theodor Geisel‘s [better know as Dr. Seuss] Oh, the Places You’ll Go!, a mash-up of the Seuss book with various … Read more
In an October 2020 decision, the U.S. Trademark Trial and Appeal Board refused to allow an applicant’s registration of the trademark “Millennial Falcon,” finding that Lucasfilm Entertainment Company had established the likelihood of confusion between “Millennial Falcon” and Lucasfilm’s “Millennum Falcon.” Of crucial importance: “Applicant believes that his mark “appropriately conjures up the phrase “Millennium … Read more
Tom Lehrer, the 92-year old musical satirist (and inventor of the jello shot), has released all of the lyrics to his musical works into the public domain. In the absence of this release, his words would have remained copyrighted until at least 70 years after his death. “I, Tom Lehrer, and the Tom Lehrer Trust … Read more
The U.S. military apparently needs an intellectual property lawyer. Although the United States Space Force, the newest branch of the U.S. armed forces was announced two years ago, no one bothered to register the trademark. Well, that’s not quite accurate. The U.S. did apply to use the name ‘Space Force’ on clothing, two months after … Read more