Law Blog

  • Copyright Ownership of AI-Generated Art

    Copyright Ownership of AI-Generated Art

    Anthony Cartee

    ·

    Today, practically anyone with an internet connection can use artificial intelligence tools like DALL·E and Midjourney to generate increasingly-complex images. While many AI-enabled images have been created solely as personal experiments rather than for public or commercial uses, this new technology raises interesting questions related to copyright law. Who should own the rights to these creations? Are AI-generated images eligible for copyright protection? Will I get sued by an AI robo-artist soon? In this blog post, we’ll cover the answers to these modern questions. In March 2023, in an effort to help clarify these issues, the US Copyright Office (the… Read More

  • Rights and Priorities: Foreign Trademark Applicants and Section 44

    Rights and Priorities: Foreign Trademark Applicants and Section 44

    Anthony Cartee

    ·

    Foreign Trademark Applicants – Breaking Down Section 44: How Foreign Trademark Applicants Can Obtain U.S. Trademark Protection Section 44 of the U.S. Trademark Act, also known as the Lanham Act, provides an important and convenient avenue for foreign trademark owners to apply for trademark registration in the United States. Foreign trademark applicants have two options under this Section of the Lanham Act, they can file a Section 44(e) application and use their foreign registration as the basis for obtaining a U.S. registration, or they can file a Section 44(d) application and rely on their foreign application to secure a priority… Read More

  • Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith

    Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith

    Anthony Cartee

    ·

    Introduction: The Future of Derivative Works and Copyright Law Under Warhol v. Goldsmith Transformative Use and Infringing Derivatives Derivative Works – On October 12, 2022, the United States Supreme Court heard oral arguments in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that has the potential to drastically alter the landscape of copyright law when it comes to derivative works, specifically the limits of what is considered a proper transformative work, and what would remain an infringing derivative. The Court must decide whether Andy Warhol had committed copyright infringement by creating prints in his famous pop art… Read More

  • Gruyere, But Not Gruyere: The Ongoing Battle of Generic Terms and Geographic Indicators

    Gruyere, But Not Gruyere: The Ongoing Battle of Generic Terms and Geographic Indicators

    Anthony Cartee

    ·

    Gruyere cheese, But Not Gruyere cheese – Can U.S. dairy retailers label cheese as “Gruyere” even if it is not produced in the Gruyère region of Switzerland and France? According to a recent decision from a Virginia federal court, the answer is yes — at least for now. The Virginia Court upheld an administrative decision from the Trademark Trials and Appeals Board (TTAB), which determined that “gruyere” has become a generic term to describe a type of cheese, rather a term to certify that the cheese is produced in the Gruyère region of Switzerland and France. This means that the… Read More

  • Students Making Sense of a New Landscape: Name Image and Likeness in College Athletics

    Students Making Sense of a New Landscape: Name Image and Likeness in College Athletics

    Anthony Cartee

    ·

    The Billion-Dollar Industry of College Sports & NIL: Name Image Likeness Name Image Likeness (NIL) – Taking Unfair Advantage of Student Athletes. College sports is a billion-dollar game. In fact, the U.S. Department of Education estimates that college sports generate more than $14 billion dollars of revenue each year from ticket sales, TV deals, and sponsorships. But prior to 2021, only the universities and coaches were able to cash in on this billion-dollar industry. Student athletes, on the other hand, were unable to earn compensation for commercial use of their name, image, and likeness. This meant that student athletes were… Read More

  • Fandom and Fair Use – Fan Art

    Fandom and Fair Use – Fan Art

    Anthony Cartee

    ·

    Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations are wholly original and do not constitute copyright infringement, sometimes these works can cross the line and open the door to legal liability. What is Fan Art and How Does It Relate to Copyright Law? Many fans enjoy creating original artwork based on their favorite… Read More

  • The Legal Landscape of Landscape Design

    The Legal Landscape of Landscape Design

    Anthony Cartee

    ·

    Landscape Design Copyright Protection – Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor living amenities are often widely shared on social media sites like Instagram, Pinterest, and Facebook, and publicized in magazines and advertising circulars. Thus, landscape designers should know their legal rights when others copy or take credit for a unique landscape design or painstaking landscaping plan. Copyright Protection for Landscape Design First, landscape designers are entitled to copyright protection in their landscape designs i.e. the technical landscape plan or even a rough… Read More

  • Infringement in the Reposting: Copyright Lawsuits from Reposting Social Media Content

    Infringement in the Reposting: Copyright Lawsuits from Reposting Social Media Content

    Anthony Cartee

    ·

    Reposting social media content – Learn about copyright infringement risks when reposting social media content. Get tips on asking for permission, giving credit, using repost apps, and understanding fair use. Understanding Copyright Lawsuits from Reposting Social Media Content Social media sites like Facebook, Instagram, TikTok, or Pinterest present a variety of complicated (and sometimes frustrating) copyright issues for users.  Social media content often involves copyrighted music, videos, artwork, and more.  Many users repost or copy someone else’s Instagram content without thinking about the possible legal problems that can arise.  Reposting someone else’s copyrighted work on Instagram can open the door… Read More

  • The Accidental Franchise: Trademark Licensing and the Dangers of Overreach

    The Accidental Franchise: Trademark Licensing and the Dangers of Overreach

    Anthony Cartee

    ·

    How to Avoid Creating an Accidental Franchise Accidental franchise? Franchise law is complex and can be difficult to navigate. This article provides tips on how to avoid creating an accidental franchise, even if you do not intend to do so. The word “franchise” likely brings to mind big brands like McDonald’s, Dunkin’, 7-Eleven, or Taco Bell, among others. But forming a franchise relationship is much more common than most business owners realize, even when two parties may not intend to form such a relationship. Creating an accidental franchise can have serious implications and requires business owners to navigate complex federal… Read More

  • A Rose By Any Other Name … But Likely Not a Trademark

    A Rose By Any Other Name … But Likely Not a Trademark

    Anthony Cartee

    ·

    Trademark a plant? Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have bred and created be trademarked? Can You Trademark a Plant? Generally, the answer is no. It is nearly impossible to trademark a plant. Varietal or cultivar names are designations given to cultivated varieties or subspecies of live plants or agricultural seeds and they amount to the generic name of the plant or seed by which such variety is known to the consumer. In re Pennington Seed Co. (2006) 466 F.3d 1053. The Ineligibility of… Read More