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In July 2022, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, 21-20039, a decision that began by posing the question: “Can a banana taped to a wall be art?” At issue in the case was a claim by artist Joe Morford that his sculptural diptych, “Banana & Orange,” allegedly created in 2000, was infringed by a work titled “Comedian” by internationally famous artist Maurizio Cattelan. Both works prominently feature a banana affixed to a wall with silver duct tape, though Morford’s banana is plastic and Cattelan’s is overripe:
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Music Rates and Royalties 2023: Past, Present and Future
By Jeff Brabec and Todd Brabec
Part One of a Two Part Article
Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
Getty Images’ Suit Over AI Generator
By Isha Marathe
The magical world of AI-generated art has become more mainstream over the past few months. There has also been some backlash against the industry, including brewing class action lawsuits alleging copyright violations and resistance from online artist communities. But until recently, a substantial legal threat was yet to emerge against the technology that underpins artificial-intelligence art.
Handling IP Ownership Issues In Remote Work
By Sarah Schaedler and Jennifer T. Criss
Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.
By ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.