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Photography

18 posts
AI-generated art isn’t perfect, but it’s become a viable option for clearance-free set decor on motion pictures and other commercial productions.
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WWhat's the Deal?

Using AI Artwork to Avoid Copyright Infringement

  • byAaron Moss
AI-generated art isn’t perfect, but it’s become a viable option for license-free set decoration in motion pictures and other commercial productions. Here’s what you need to know.
An Illinois federal jury awarded Catherine Alexander only $3,750 in damages for Take-Two Interactive and WWE's use of her tattoos to depict Randy Orton's likeness in video games, but the implications of the ruling go much further.
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CCourt Decisions

Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech

  • byAaron Moss
An Illinois federal jury awarded Catherine Alexander only $3,750 in damages for Take-Two Interactive and WWE's use of tattoos she made for Randy Orton in their video games, but the implications of the ruling go much further.
Section 113(c) of the Copyright Act is a useful but underutilized defense that could have changed the outcome of a recent copyright infringement case involving the Deadly Doll clothing brand
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CCourt Decisions

Deadly Dolls and a Forgotten Copyright Exception

  • byAaron Moss
Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case.
In a ruling in the Kat Von D tattoo copyright lawsuit, the district court largely denies both parties' motions for summary judgment, finding triable issues on substantial similarity and fair use.
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CCourt Decisions

Kat Von D Tattoo Lawsuit Appears Headed to a Jury

  • byAaron Moss
In a 30-page order, the district court largely denies both parties' motions for summary judgment, finding triable issues on substantial similarity and fair use.
Over the past quarter-century, transformative use has become shorthand for fair use itself. The Warhol case gives the Supreme Court an opportunity to provide balance and flexibility to the doctrine.
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LLegal Filings

With Warhol, It’s Time to Transform Transformative Use

  • byAaron Moss
Over the past quarter-century, transformative use has become shorthand for fair use itself. The Warhol case gives the Supreme Court an opportunity to provide balance and flexibility to the doctrine.
Richard Bell's photograph was at the center of a Ninth Circuit case rejecting copyright's de minimis defense
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CCourt Decisions

In Defense of Copyright’s De Minimis Defense

  • byAaron Moss
The Ninth Circuit took a overly minimalist view of copyright's de minimis defense, finding that a photo stored on an inaccessible web server doesn't qualify.
Copyright Trolls: Recent court decisions in copyright cases suggest that courts are losing patience with those who bring infringement claims as part of their business models.
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CCourt Decisions

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

  • byAaron Moss
Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models.
Is Copyright's "Server Test" on Life Support?
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CCourt Decisions

Is Copyright’s “Server Test” on Life Support?

  • byAaron Moss
Instagram fights a class action in California, while a New York court rejects a settled embedding defense. Is it time to think about life after the server test?
In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case?
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LLegal Filings

Breaking Down the Instagram Photo Embedding Class Action Lawsuit

  • byAaron Moss
In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case?
Rachel Dolezal, the woman accused of misrepresenting her racial background has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright?
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LLegal Filings

Is Rachel Dolezal Using Copyright to Erase History?

  • byAaron Moss
Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright?
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