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Courts have said time and again that the fair use doctrine may be “‘the most troublesome in the whole law of copyright.’” See, e.g., Oracle Am., Inc. v. Google Inc., 886 F.3d 1179, 1191 (Fed. Cir. 2018) [internal citations omitted], rev’d on other grounds, 141 S. Ct. 1183 (2021). The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology. Several such cases to date have received considerable publicity, including two class actions by Michael Chabon, Ta-Nehisi Coates and others, Chabon v. OpenAI Inc., No. 3:23-cv-04625 (N.D.Cal.) and Chabon v. Meta Platforms Inc., No. 3:23-cv-04663, (N.D.Cal.); another class action involving several best-selling authors, Authors Guild v. OpenAI Inc. No. 1:23-cv-08292 (S.D.N.Y.), and another class action including Sarah Silverman, Kadrey v. Meta Platforms Inc., No. 3:23-cv-03417 (N.D.Cal).
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NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?
By Howard Mulligan
With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.
Determining Ownership Rights of Social Media Accounts
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
Whether in the context of artist/entertainment company, employer/employee, franchisor/franchisee or influencer/brand relationships, who owns and controls the social media accounts and associated goodwill sometimes comes into dispute. This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
Trademark Trial and Appeal Board’s View of Parodies
By Susan A. Smith and Doyle S. Tuvesson
While most trademark-related lawyers are familiar with the “Bad Spaniels” and “Chewy Vuitton” federal court decisions on trademark parody, decisions by the USPTO Trademark Trial and Appeal Board on trademark parody marks are rarely examined.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.