Category: Blog Roll

Civil Rights, Copyright, and Owning a Movement

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When Dr. Martin Luther King Jr. said, “ I Have a Dream,” I’m pretty sure he wasn’t considering for one second the copyright implications.  There will be many posts today celebrating his great achievements, but why not also talk about some copyright law. All his iconic speeches are still under copyright and not free for the public domain to access as yet. So the bigger question then, who owns the IP of social movements?

I probably spend too much time thinking about the legal side of history when it comes to too many things, especially IP law. I’ve noticed a battle that’s been brewing for years between protecting someone’s IP and making sure the public can learn and be inspired by their work. What’s even more complicated is when the work and that person happens to be a civil rights legend who reshaped history.

Things have gotten tricky in the digital age; Tik Tok, Instagram, X etc. can reach millions each day. The advent of these platforms have made it more difficult for the estates of these social movement pioneers to keep the messages authentic. 

Add in AI to this and you get a barrage of deep fakes, voice cloning and you may see Dr. King giving a speech he never gave. 

Here are a few ideas on how to keep Dr. King’s legacy (and others like his) safe from misappropriation while allowing people to learn and share his message freely for proper usage in our 24/7 digital world.

  1. Limited-Term Copyright for Social Impact Works – Possibly let crucial civil rights speeches and works enter the public domain faster (currently life span of the author + 70 years), while still protecting the financial interests of the estates. 
  2. Open Licensing for Educational Use – Give teachers, historians and educational institutions the ability to teach the content without having to jump through hoops.
  3. Fair Use Expansion – Allow educators and activists to use more of the speeches and works and not have to worry about a copyright takedown for every little snippet posted.
  4. AI Ethical Guidelines – Create some concrete laws and ground rules so we are not facing a future where all our heroes and icons aren’t selling toothpaste or coffee mugs, unbeknownst to their estate.

As an IP Attorney, I admit I’m biased to keeping the law relevant and with the speed of social media and AI, we need to seriously consider how we protect important social messages. We need to try our best to keep history accurate. Should social movement speeches and texts remain locked behind copyright, or free for the public to share? And how does AI fit into this?

Drake v. UMG: From Booth to Courtroom, a New Style of Rap Battle

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What started as a threat a month or so ago has now become an actual case. I guess this is what happens now when the two biggest names in rap clash.  While I am not here to pass judgement on either side, there was a time, in which I grew up, not long ago when rap beefs never entered the courtroom (admittedly they still too frequently end in the streets with violence).  

Leaving the hip hop cultural taboo of bringing this clash to the courts rather than the booth aside, I thought it would be interesting to look at the legal issues involved here. Many of these issues I’ve litigated or been involved in during my career and I am looking forward to seeing how they play out. 

Without opinion nor bias, below are the legal issues Drake is bringing to the table in his lawsuit against Universal Music Group (UMG):

Defamation (Libel):

– Drake alleges that UMG knowingly published and promoted the song “Not Like Us” which accuses him of being a pedophile.

– Drake must prove that false statements were made and they cause reputational harm and were made with negligence or malice.

– UMG can claim as a defense that the lyrics were artistic expression and protected under the 1st Amendment.

Negligence & Duty of Care:

– Drake can argue that UMG owed him the duty of care as an artist on their label

– If UMG published the song and knew the lyrics were harmful, negligence could be considered..

– UMG may posit the question of whether they owed Drake a duty to prevent reputational damage caused by another artist signed to them.

Breach of Fiduciary Duty:

– Labels owe artists a duty of good faith and fair dealing.

– Drake will try to show that UMG prioritized Kendrick’s success at his expense and breached this duty.

Misrepresentation & Fraud:

– Drake could argue fraudulent representation if UMG assured him of label support but promoted damaging content. 

– Drake must prove intentional deception and financial or reputational harm.

Contractual Violations:

– Depending on the contract between Drake and UMG, there may be violations constituting breach.

Tortious Interference:

– Drake could look to argue UMG interfered with his career and led to some lost business opportunities.

– Drake must prove UMG’s actions intentionally harmed him professionally and earnings wise.

First Amendment Defense by UMG:

– UMG will argue “Not Like Us” is artistic expression and thus protected speech under the 1st amendment.

– In most cases courts are likely to lean on the side of protecting lyrics as free speech unless proven to be statements made intended to cause harm.

This isn’t the first time a recording artist has sued their label, it is the first time to my knowledge that a hip hop artist is suing his/her label over a diss-track by a label mate.  If successful this landmark case could have a chilling effect on rap beefs going forward and would alter the competitive sport of rap battles in the future.

Disclaimer

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

AI Assisted vs AI Generated: What is the difference and when does it matter?

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The Year is now 2025 and the informational landscape has shifted drastically. There was a time not too long ago that the only question you had about someone’s blog, article or book was whether they wrote it with original ideas or stole the ideas from someone else. Now that question is murkier. We now ask, did someone or something write it and to be more precise, even if they did, was it generated by a machine and edited by a human or written by a human and edited by a machine?  

The real question if we are being honest with ourselves is this: Does it even matter if it was assisted or generated? 

Clearly the first items to discuss given the proposed question of this post are; what are the definitions of AI Assisted and AI Generated? For this i plugged the question directly into Chat GPT and the answer it gave were as follows:

AI-Assisted: Content, work, or decisions that are created with human input and guidance while using AI as a tool to enhance, refine, or accelerate the process. The human remains the primary creator, using AI for support in tasks such as editing, brainstorming, drafting, or automation.

AI-Generated: Content or work that is primarily or entirely created by AI with minimal to no human intervention. The AI independently produces text, images, code, or other outputs based on a given prompt or dataset.

The definitions show that the key distinction between the two rests on the level of human input and involvement of the work output. with Assisted works, humans remain primarily in control and Generated works relying mainly on AI to assume the responsibility of the work product.

When and why does it matter?

Below are some quick bullet points of when it is generally accepted to use, avoid and why for various forms of work and creative endeavors. 

Academic & Research Work

  • Use AI Assisted for brainstorming, organizing etc, but your research and findings should be your own thoughts.
  • Avoid AI Generated because many research elements are not accurate as well as hallucinations that AI is known for can cause inaccurate or unverified conclusions.
  • Why it Matters: Most Academic Institutions prohibit AI Generated work that isn’t disclosed. 

Professional Writing & Journalism

  • Use AI Assisted for grammar, some research as long as accuracy is verified
  • Avoid AI Generated with sensitive information, especially items that may cause legal issues
  • Why it Matters: Journalists in theory require accountability, credibility and oversight.

Creative Writing & Content

  • Use AI Assisted for writer’s block, or refining ideas while using your own style and uniqueness
  • Use AI Generated for drafts, concepts or sketches but refine and edit to make it your own
  • Why it Matters: Readers want to know that they are reading a unique work and creation out of the mind of the author.

Legal/Business Documents

  • Use AI Assisted for drafting preliminary contracts or summaries that comply with legal standards and is thoroughly reviewed and fact checked by a lawyer.
  • Avoid AI Generated because AI can’t guarantee the accuracy of a legal document and pulls information from many sources that are either old law or bad law. Also some clauses drafted are unenforceable. 
  • Why it Matters: Legal errors can have catastrophic consequences for clients and can lead to ethical issues and possible disbarment for lawyers.

Marketing/Branding

  • Use AI Assisted for ideas, and strategy ideas but refine for brand synergy
  • Use AI Generated for media posts, descriptions of products etc.
  • Why it Matters: AI lacks brand nuance and the human feel that goes into creating a personal touch.

Code/Software Development

  • Use AI Assisted for generating repetitive code and assisting with security features etc.
  • Use AI Generated for simple code and scripts but refine and review for errors
  • Why it Matters: AI code contains security risks and requires human validation.

There are many sites online now claiming they have the best AI detector out there and that their programs can identify the precise amount of AI used or not used. However, false positives are common on these sites thus human oversight and improved methods to distinguish between AI Assisted and Generated content is still needed.

In Summary, Using AI Generated and, to a lesser extent, AI Assisted content requires human discretion as we move in this new digital world. Only the author truly knows how much use of AI they have incorporated. When using primarily AI Generated content it is the responsibility of said author to disclose that use.

Disclaimer

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

6 Differences Between U.S. and Canadian Trademarks

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Canadians should consider trademarking their brands in the U.S. due to its much larger consumer market, for protection against cross border infringement and to secure their brand’s identity in cross-border trade (particularly now with e-commerce etc.).  Without a U.S. trademark, many Canadian brands risk losing their competitive advantage in the United States.  Below are some differences between the two country’s processes. 

  1. The Use Requirements for Registration & Filing Basis
    • U.S.: An applied for trademark in the United States has a requirement that it is currently being used in commerce for it to be registered with the USPTO. Applicants are able to file for a trademark with an “Intent to Use” 1(b) filing basis, however, the examiner will not register the mark until there is evidence of that mark in use with a 1(a) filing basis.
    • Canada: Trademarks in Canada are not required to be “In Use” in order for the registration to occur, thus no filing basis is required. However, in order to maintain your trademark long term, the mark must be In Use or the trademark could be removed from the Register of Trademarks
  1. Trademark Duration and Renewal
    • U.S.: Registered marks in the United States must be renewed every 10 years and a declaration of continued use must be filed between the 5th and 6th year to maintain the registration. 
    • Canada: Registered marks in Canada must be renewed every 10 years, however do not require any midterm declarations
  1. Distinctiveness
    • U.S.: The USPTO maintains that distinctiveness is a critical element of a registered mark. If your mark is generic or descriptive it is not registerable. If your mark is descriptive the USPTO may ask for proof of “Secondary meaning”
    • Canada: Distinctiveness is important in Canada but is not as narrowly monitored as in the States. The Canadian Intellectual Property Office (CIPO) may accept broader descriptive elements than its U.S. counterpart. 
  1. Trademark Opposition
    • U.S.: Oppositions in the U.S. are filed with the Trademark Trial and Appeal Board (TTAB) which operates as a semi-judicial body. 
    • Canada: Oppositions in Canada are handled by the CIPO itself and not as formal as the TTAB procedure.
  1. Examination of Applicants and Scope of Protection
    • U.S.: The USPTO has a stricter and more in depth examination process; Particularly their assessment of “likelihood of confusion” analysis with existing registered (and times applied for) marks.
    • Canada: The CIPO process is not as rigorous overall, but does include a broader assessment of descriptiveness and registerabilty.
  1. Nationwide Protection
    • U.S.: Federal and State registrations are available in the U.S.. However federal registrations are considered superior and only available if the mark is being used in interstate commerce. 
    • Canada: Registered trademarks in Canada enjoy federal protection even in cases where there is no inter-provincial or international trade.

Disclaimer

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Protecting Your Brand #1: Establishing Your Brand Identity

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Building Your Brand: The Legal Foundations for Entrepreneurs

Trademarks: What They Are and Why they Matter.

Based on the Oxford Dictionary definition a Trademark is a symbol, word, or words legally registered or established by use as representing a company or product (or service). It connects you and/or your business to the market with a simple logo, expression or catch phrase to name a few. It associates your brand’s identity and helps people link your items with quality and trust.

Why Trademarks Matter:

Legal Protection: Trademarks grant you the exclusive rights to use your brand’s elements in commerce relating to your industry and imposes limitations and more importantly recourse if others attempt to benefit from your mark.

Brand Recognition: A trademark allows customers to gain instant recognition with your brand‒ building trust and loyalty.

Business Value: A well branded and protected trademark increases your business valuation (in some instances being the most valuable asset of a company) ‒ making it more appealing to investors and partners.

E.g. Famous trademarks like McDonald’s golden arches or Nike’s swoosh have become symbols of their brands ‒ driving customer loyalty and market power.

How to Select a Strong and Distinctive Brand Name or Logo

When deciding on a brand name or logo you must go further than just creativity; the legal implications are also integral. A strong name or logo with distinctiveness offers more protection, while being easier to enforce and protect as a trademark.

Ideas and Tips for Brand Names:

  • Distinctiveness: Try your best to avoid generic or descriptive names like “Best Body Lotion” or “Burger and Fries.” Instead, businesses should be aiming for uniqueness such as “Nivea” or “Wendy’s” respectively.
  • Be Memorable: Choose a name that connects with your target audience and is easy to remember, spell or pronounce while also being relevant to your brand identity. Testing potential names with your audience if possible is a good strategy.
  • Think about the Future: When selecting your name, be sure that it is resilient and versatile enough to grow as your business grows. Consider the path of the industry you are entering and how the name will age with time.

Ideas and Tips for Designing a Logo:

  • Be sure that the design is clean and original. Make sure it is done with professional quality and you are in possession of the original design file.
  • Stay away from common symbols and elements that may cause brand confusion and reduce your ability to trademark the logo.
  • Keep it simple and versatile for use across various media and platforms.

Arbitrary and suggestive names like (Burger King or Lexus) are easier than descriptive ones to trademark, thus making them easier to protect.

Steps to Conducting a Thorough Trademark Search

It’s crucial to conduct a thorough trademark search to be sure your preferred brand name or logo is not already in use. A quality search may prevent expensive and lengthy legal disputes and ultimate rebranding costs.

  • Search the USPTO Database: The United States Patent and Trademark Office’s online database is the first stop any business should make when looking for existing trademarks. The database allows visitors to search based on a number of criteria and is invaluable to potential registrants. (Canadian Trademark Office has a similar database)
  • Check Search Engines, Social Media and Websites: See if your desired brand name is available as a website domain and on social media platforms.
  • HIre an IP Attorney: Trademark attorneys perform detailed searches and are able to uncover subtle differences or similarities in potential marks and existing ones that may make the difference between a viable trademark or not.

Final Thoughts and Advice for Starting Their Brand Journey

Define Your Brand:

  • Have a clear mission, and a clear vision and be sure all of them reflect your business’ values and intended brand ideals.
  • Have a target market in mind and consider how your name/logo will resonate with them.
  • Create a unique brand narrative that differentiates you.

Prioritize Early Legal Protection:

  • Apply for registration of your business name and logo with the USPTO or appropriate jurisdiction.
  • Start with your name, logo and catchphrases. These will be the IP assets most likely to be infringed.
  • If possible, apply for the trademark before launching your brand. Rhe application alone gives a limited amount of protection.

Invest in Professionals:

  • Find a trademark attorney for assistance with the ins and outs of trademark law to avoid pitfalls.
  • Work with professional designers and artists if you have creative limitations.

Conclusion:

The steps above, while not a fully exhaustive list, if followed will assist entrepreneurs build a resilient brand to capture the essence of their brand, while covering the legal and marketing complexities it may face.

Disclaimer

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

The AI Revolution in Sports and Entertainment: Impacts on Art, Photography, and the Future

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The integration of artificial intelligence (AI) into sports and entertainment is rapidly transforming these industries. From enhancing fan experiences to revolutionizing content creation, AI is becoming a driving force. However, its implications for art and photography—especially of athletes and celebrities—raise complex legal and ethical questions that could shape the future of these disciplines.

AI and Sports: Transforming the Visual Narrative

In sports, photography and art have long captured the essence of competition and athleticism. Today, AI is reshaping this visual narrative by creating hyper-realistic digital art, analyzing game footage to generate custom highlights, and even predicting game outcomes with precision.

AI-Generated Athlete Portraits: Tools like DALL·E and MidJourney are capable of creating lifelike portraits of athletes. While these can celebrate sports icons, they also blur the lines of copyright ownership. Who owns the AI-generated image—the creator, the AI tool provider, or the athlete themselves?

Real-Time Analysis and Visuals: AI-powered cameras can capture and analyze every play in real time, producing images and videos optimized for social media or broadcast. This enhances fan engagement but could diminish the traditional role of human sports photographers.

Legal Challenges for Athletes: Athletes’ likenesses are increasingly used in AI-generated content without explicit consent. For instance, digital recreations of players for promotional or commercial purposes may infringe on their publicity rights.

AI in Entertainment: Redefining Celebrity Art and Photography

In entertainment, AI’s influence extends from creating synthetic voices to generating photorealistic images of celebrities. While these tools open creative possibilities, they also pose significant challenges:

Celebrity Deepfakes and Digital Clones: AI can produce deepfake images or videos that mimic celebrities with uncanny accuracy. While some artists use this technology to push creative boundaries, others exploit it for profit, raising concerns about privacy violations and misrepresentation.

Impact on Creative Professionals: Photographers and digital artists may find themselves competing with AI tools capable of generating stunning images in minutes. This could devalue traditional photography and artwork, leading to economic challenges for professionals in these fields.

New Legal Frontiers: Intellectual property laws, which were not designed with AI in mind, struggle to address these challenges. For instance, who owns the copyright to an AI-generated image of a celebrity? Can celebrities control or monetize their digital likeness in the age of AI?

Future Implications: Navigating AI’s Ethical and Legal Challenges

As AI continues to evolve, its impact on sports and entertainment will deepen. To address these challenges, industries must consider:

  1. Enhanced Legal Protections for Publicity Rights: Laws must evolve to ensure athletes and celebrities retain control over their likenesses. This includes protections against unauthorized AI-generated content that misrepresents or exploits their identity.
  2. Copyright Reform for AI-Generated Art: Policymakers must clarify copyright ownership for AI-generated works. This could involve recognizing AI as a tool rather than an independent creator, with human collaborators retaining rights.
  3. Ethical AI Use Policies: Organizations in sports and entertainment should adopt ethical guidelines to regulate how AI is used in creating and distributing visual content.
  4. Empowering Creatives: Traditional artists and photographers can leverage AI as a tool to enhance their work rather than replace it. This hybrid approach could drive innovation while preserving human creativity.

Conclusion: Balancing Innovation and Integrity

AI has the potential to revolutionize sports and entertainment, offering unprecedented creative opportunities. However, it also disrupts traditional roles and challenges established legal frameworks. The future lies in balancing innovation with ethical and legal safeguards that protect the rights of athletes, celebrities, and creators alike.

For professionals and stakeholders, understanding AI’s implications and proactively adapting to its challenges will be crucial. By embracing AI responsibly, the sports and entertainment industries can harness its transformative power while preserving the integrity of the creative disciplines they hold dear.

The Challenges of AI in the Legal Profession

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AI is in the midst of reshaping industries world wide; the legal field is no exception. While it offers many exciting possibilities like streamlining document review and the possibility of enhancing case outcome models, its integration into law comes with significant challenges. A few of these are as follow:

  1. Ensuring Accuracy: many times AI miss subtle nuances of legal precedent and context, which can have enormous consequences.
  2. Bias in Decision-Making: AI systems inherit the biases of their training models, which could lead to biased analysis instead of objective ones.
  3. Confidentiality Concerns: Maintaining client confidentiality is a foundational principle to law and granting the LLM chats access to client data may violate this fundamental principle.
  4. Shifting Career Paths: AI automates routine tasks that once provided hands-on experience for young lawyers, potentially narrowing opportunities for skill development.
  5. Regulatory Gaps: As with all new technology, the regulatory controls always trail the innovators, creating uncertainty around ethical standards.
  6. Preserving the Human Touch: Law and its core is a human to human industry and machines, regardless of their efficiency, don’t (yet) have the human touch necessary to handle clients looking for a lawyers counsel.

As AI continues to evolve, the profession must adapt responsibly, balancing its benefits with its risks. By focusing on ethical use, addressing biases, and keeping the human element at the forefront, lawyers can harness AI to enhance—not diminish—their work.

The Warhol Prince Conundrum and How it Affects Creatives

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The importance of clarity when it comes to legal decisions that impact artists and creatives is essential in intellectual property analysis and practice. Today, I aim to provide you with an in-depth analysis of the recent Supreme Court ruling on the copyright dispute involving Andy Warhol and his portraits of Prince. This ruling is of great significance, as it delves into the complexities of intellectual property law, fair use, and the delicate balance between creativity and infringement.

Intellectual Property Law and Fair Use:

In order to grasp the Supreme Court’s ruling, we must first explore the foundations of intellectual property law. Copyrights exist to protect the rights of creators, granting them exclusive control over their original works. However, fair use acts as a crucial limitation on these rights, allowing certain uses of copyrighted material without the need for explicit permission.

The Fair Use Doctrine:

Fair use is a legal doctrine designed to strike a balance between the interests of creators and the broader public. It acknowledges that certain uses of copyrighted material contribute to the enrichment of society, fostering innovation, creativity, and the free exchange of ideas. The concept of fair use allows for transformative uses of copyrighted works, facilitating the emergence of new and original expressions.

The Andy Warhol Case:

Now, let’s turn our attention to the copyright dispute at hand. The case centered around Andy Warhol’s creation of a series of portraits based on a photograph taken by Lynn Goldsmith. Goldsmith argued that Warhol’s use of her photograph constituted copyright infringement, as it was done without her permission.

The Supreme Court’s Ruling:

In its ruling, the Supreme Court made a significant decision in favor of Andy Warhol and his artistic practice. The Court recognized that Warhol’s portraits of Prince were not mere replicas of Goldsmith’s photograph. Instead, they constituted distinct artistic expressions infused with Warhol’s signature style and transformative vision. By applying the fair use doctrine, the Court acknowledged the creative reinterpretation by Warhol, ultimately protecting it as a legitimate artistic endeavor.

Implications for Artists and Creatives:

This ruling has far-reaching implications for artists and creatives. It reinforces the notion that fair use plays a vital role in fostering innovation, cultural enrichment, and the continued progress of art. By acknowledging the transformative nature of Warhol’s work, the Court has emphasized the importance of artistic freedom and creative expression.

The Boundaries of Creative Expression:

The ruling in the Andy Warhol case also sparks a broader discussion on the boundaries of creative expression and the potential dangers of excessive copyright protection. It recognizes that creativity often thrives on building upon existing works, reimagining them, and adding new perspectives. By carefully considering fair use and transformative qualities, we can strike a balance that allows for artistic innovation while respecting the rights of original creators.

Maintaining the Balance:

It is crucial to understand that fair use is not an absolute defense. Each case must be examined on its individual merits, considering factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the potential impact on the market value of the original work. We must preserve the delicate balance between the rights of creators and the public’s interest in accessing and engaging with creative works.

In conclusion, the Supreme Court’s ruling in the Andy Warhol copyright dispute marks a significant milestone for artists and creatives. By recognizing the transformative nature of Warhol’s work and its contribution to artistic development, the Court has reaffirmed the importance of fair use in fostering a vibrant cultural landscape.

Rules and Regulations of NIL

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If you’re a college athlete, you may have heard the term NIL (name, image, and likeness) thrown around a lot lately. It refers to the ability of college athletes to profit from their own name, image, and likeness. However, the rules and regulations surrounding NIL can be a bit confusing. In this article, we’ll break down everything you need to know about NIL.

  1. What is NIL?

NIL stands for name, image, and likeness. It refers to the ability of college athletes to profit from their own name, image, and likeness. This means that if you’re a college athlete, you can make money by selling autographs, promoting products on social media, or appearing in advertisements, among other things.

  1. Who can take advantage of NIL?

As of July 1, 2021, all college athletes can take advantage of NIL. This includes athletes in all sports, regardless of whether they play at a Division I, Division II, or Division III school.

  1. What are the rules surrounding NIL?

There are a few key rules and regulations surrounding NIL that you need to be aware of:

  • You cannot receive compensation for athletic performance. This means that you cannot be paid to play your sport or to win games.
  • You cannot enter into NIL agreements that conflict with your school’s existing contracts. For example, if your school has an apparel contract with Nike, you cannot enter into an NIL agreement with Adidas.
  • You must disclose all NIL agreements to your school. This includes providing your school with a copy of the agreement and any compensation you receive.
  • You cannot use your school’s logos or trademarks in your NIL activities. This means that you cannot use your school’s name, logo, or mascot in your social media posts or advertisements.
  • You cannot use your school’s facilities or equipment in your NIL activities. This means that you cannot use your school’s weight room or practice field to film a commercial or photoshoot.
  1. How can you take advantage of NIL?

If you’re a college athlete looking to take advantage of NIL, there are a few steps you should take:

  • Educate yourself on the rules and regulations surrounding NIL. Make sure you understand what you can and cannot do.
  • Build your personal brand. This means creating a strong social media presence and cultivating relationships with brands and businesses that align with your values and interests.
  • Seek out NIL opportunities. Look for brands and businesses that are interested in working with college athletes and reach out to them directly.
  • Disclose all NIL agreements to your school. Make sure you provide your school with a copy of the agreement and any compensation you receive.

In conclusion, NIL provides a new and exciting opportunity for college athletes to profit from their own name, image, and likeness. However, it’s important to be aware of the rules and regulations surrounding NIL and to make sure you’re following them closely. By educating yourself, building your personal brand, and seeking out NIL opportunities, you can take advantage of this new landscape and potentially earn some extra income as a college athlete.

Disclaimer

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

IP Rights of AI generated works

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If you’ve created a piece of work or art using artificial intelligence (AI), you may be wondering who owns the intellectual property (IP) rights to that creation. This can be a complex issue, but with the right information and understanding, you can determine who holds the rights to your AI-generated work.

Step 1: Understand the Basics of Intellectual PropertyIntellectual property refers to the legal rights that protect creations of the mind, such as inventions, artistic works, and literary pieces. There are several types of IP rights, including patents, trademarks, and copyrights. Each type of IP right provides a different level of protection for your work, so it’s important to understand which applies to your AI-generated creation.

Step 2: Know the Creator of the AI ToolTo determine who owns the IP rights to an AI-generated piece of work, you must first understand who created the AI tool. If you created the AI tool yourself, you would own the IP rights to that tool. However, if you used a pre-existing AI tool, such as a machine learning algorithm or a neural network, the creator of that tool would likely hold the IP rights.

Step 3: Analyze the AI Tool’s Terms of UseIt’s essential to carefully review the terms of use of the AI tool you used to create your work. These terms may include clauses that outline who owns the IP rights to the creations made using the tool. For instance, some AI tools may include provisions that grant the tool creator the IP rights to all works created with the tool. Other AI tools may grant a license to use the tool for a limited time, after which the IP rights to the creations revert to the creator.

Step 4: Consider the Involvement of Human InputIn some cases, an AI-generated work may have required some level of human input or guidance. For example, a human may have provided initial instructions or made adjustments to the output of the AI tool. In such cases, the human’s contribution may be significant enough to qualify them as a co-author or co-creator of the work. In this case, the IP rights to the work would be shared between the human and the creator of the AI tool.

Step 5: Seek Legal AdviceIf you’re still unsure who owns the IP rights to your AI-generated creation, it’s best to seek legal advice from an experienced intellectual property lawyer. They can help you navigate the complexities of IP law and determine the best course of action for protecting your work.

In conclusion, the ownership of IP rights to an AI-generated piece of work can be a complex issue that requires careful analysis of the AI tool’s terms of use, the involvement of human input, and other relevant factors. By understanding the basics of intellectual property and seeking legal advice when necessary, you can protect your rights as a creator and ensure that your AI-generated work receives the appropriate level of legal protection.

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