You Wouldn’t Download a Car… But If You Did, What’s It Worth?
I. Piracy Hurts? Growing up in the 2000s and 2010s, occasionally you’d hear that piracy cost companies significant amounts of money. I’m sure we’ve all seen the infamous “you wouldn’t…
The Art of Sampling and Copyright Infringement: How Do We Strike a Balance Between the Two?
In 2015, a unanimous jury found that the 2013 hit single ‘Blurred Lines’ had infringed upon copyrighted elements of Marvin Gaye’s 1977 song ‘Got to Give it Up’ and ordered…
The Intellectual Property Implications of AI-Generated Images
AI-generated imagery is taking the world by storm. Consumer-facing AI systems such DALL-E 2, Stable Diffusion, and Midjourney are able to near-instantly generate impressive visual works based on textual prompts.…
Phonorecords IV: Better Than Before, but Still Not Enough
Music publishing executives greeted the August 31st announcement from the National Music Publishers’ Association (NMPA), Nashville Songwriters Association International (NSAI), and Digital Media Association (DiMA) with triumph and optimism. The…
How Does the Sale of Music Rights Change Copyright Litigation?
When confronted with instability, investors smartly flock to stable assets that can withstand the winds of economic change. Although these assets tend to be stable financial instruments like treasury bills…
Creating a Safer Harbor Under the DMCA
On December 22, 2020, Senator Thom Tillis released the first discussion draft of the Digital Copyright Act of 2021 (“DCA” or the “Act”): an amendment to the Digital Millennium Copyright…
Appropriation Art vs. Copyright Law: A Recent Setback for the Promotion of the Arts
The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult…
NFTs In Sports Industry May Expose “Minty” Fresh Cracks in the IP Legal Landscape
Today’s digital world is evolving constantly and at extraordinary speeds. Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of…
How NFTs Could Change the Music Industry – For Better or Worse
Non-fungible tokens, known colloquially as NFTs, have gained popularity due to both their scarcity and variety. NFTs can link to underlying assets that range from physical works of art to…
Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken
Nintendo has a love-hate relationship with some of its biggest fans. The competitive Super Smash Bros. community, a group of hardcore gamers who compete head-to-head with one another in games…