Is it Fair Use to Use Copyrighted Material to Train AI Machines?
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Short answer: maybe. As of early 2026, the law surrounding AI and fair use is in a state of active transition. Federal courts are still figuring out the contours of copyright law given the new AI...
Ink, Icons & Involuntary Servitude: the Kat Von D Tattoo Case
bodily autonomy copyrights extrinsic/intrinsic test
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Can a person “own” the art on someone else’s skin? That was the high-stakes question at the heart of the recent Ninth Circuit Court of Appeals decision in Sedlik v. von Drachenberg. In a case that...
I.P. Issues in Gaming
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The gaming industry sits at a fascinating intersection of creativity and intellectual property law, where developers, content creators, and players constantly navigate complex copyright and trademark...
Why Did Trump Fire the Register of Copyrights?
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The Controversy In late May 2025, President Trump fired Shira Perlmutter, who led the U.S. Copyright Office. This was just days after he also dismissing the Librarian of Congress, Carla Hayden. The...
IP for Content Creators
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In today’s digital economy, subscription-based content platforms like OnlyFans, JustforFans, Vimeo, Patreon, and YouTube have created unprecedented opportunities for creators to monetize their work...
No Fair Use for Internet Archive’s Digital Library
On September 4, 2024, the Court of Appeals for the Second Circuit decided Hachette Book Group, Inc. v. Internet Archive, denying the online digital repository’s ability to copy and distribute...
Ninth Circuit: No SHIFT+DELETE for Server Test
The issues where technology and intellectual property laws collide were discussed in the Ninth Circuit’s opinion in Hunley v. Instagram, LLC, decided on July 17, 2023. In Hunley, the Ninth Circuit...
Limitations on Transformative Use: SCOTUS Finds Nothing Transformative in Warhol’s Use of Goldsmith’s Prince Photo
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases is “limitation.” There...
Fair Use Not Found in Foreign Judgment Case
In the runup to the issuance of the U.S. Supreme Court opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, which is due sometime in the spring 2023, which will deal with the...
Second Circuit Will Not Yet Hear Embedded Tweet Appeal
In a somewhat unsurprising move, the Court of Appeals for the Second Circuit denied an interlocutory appeal (28 U.S.C. §1292) requested by publisher defendants in Heavy, Inc. v. Goldman. The order...
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