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Articles by Marc D. Ostrow
Copyright Clarity: Do I Need A 'Work-for-Hire' Clause?
Generally, the person who creates a work, such as graphic novel or a musical, is automatically the legal author and owner of the copyright in that work. This is not always the case. Under the concept of "work-for-hire" (or more formally, "work-made-for-hire" as defined in the Section 101 of the U.S. Copyright Act), it is the person or entity that employs the creator of the work that is treated as the author, and therefore the copyright owner, of the work.
A Page From History: The Authors Guild Proposes A Blanket License To AI Companies
Generative AI companies have been repeatedly sued by various creators and content owners alleging that their ingesting millions of copyrighted works without to train their applications, infringes creators section 106 rights.
Does The Right Of Publicity Survive Death In New York?
The rapid advancements in technology, including the broad availability of generative AI tools, and the growing influence of digital media have made it easy to create images and video of dead celebrities. While the public may know that celebrities and others have a right to exploit their name, image and likeness while living, it's not always true that the deceased can control their publicity rights postmortem.
Steamboat Willie's In The Public Domain But Is The Mouse Really Out Of The House?
Not only is January 1 New Year's Day, but it's also Public Domain Day, the day that some copyrighted works enter the public domain. On January 1, 2024, works created in 1928 will now be copyright-free. This year's list includes Cole Porter's "Let's do it," Buster Keaton's "The Camera Man," and most notably "Steamboat Willie," the first Mickey Mouse cartoon. Copyright is a legal protection granted to the creators of original works, which are fixed in a tangible medium.
Why Is The New York Times Suing OpenAI And Microsoft?
The New York Times has joined the ranks of companies, comedians, authors, music publishers and artists alleging that using their works for training generative AI is copyright infringement. The Times, as in previously filed lawsuits, also claims that the content generated by AI applications can constitute copyright infringement. OpenAI and Microsoft disagree, claiming "," a legal doctrine that permits the unlicensed use of copyright-protected works in certain circumstances.
Digital Doppelgängers: Why AI-Generated Deepfakes Can Create Legal Trouble
Celebrities routinely sponsor products in advertisements. However, there has been a recent spate of unauthorized AI-generated versions of celebrities to hawk products. These unauthorized deepfake ads violate the celebrity's right of publicity but also create other legal problems, too. The "right of publicity" is the right for a person to control their ability to exploit – and prevent others from exploiting – their name, image, and likeness for commercial purposes.
Innovation V. Creativity: Music Publishers Sue Anthropic For Its
Yet another lawsuit against a generative AI company has been filed. This time, a large group of music publishers has sued Anthropic, the creator of the AI "Claude," in a Tennessee federal court. These publishers join the ranks of other creators, including authors Sarah Silverman and Jonathan Franzen, who are taking legal action against companies who train AI using their works.
Copyright And Choreography: Protecting Choreography In Theatrical Productions
Part of the magic of a musical theater production is the show's choreography. Musicals like "West Side Story" and "A Chorus Line" are iconic partly because of their distinctive choreography. Not all movements or dance steps are eligible for copyright protection.
Unicolors V. H&M
The United States Supreme Court recently issued a decision in the copyright infringement lawsuit, Unicolors v. H&M. This case revolved around the interpretation of the "safe harbor" provision in the United States Copyright Act, specifically 17 U.S.C. § 411(b)(1)(A),relating to applications for registration which have inadvertently inaccurate information.
Contracts Between Standup Comics And Venues
If you're a standup, you want to get paid for your sets. And to protect yourself, you'll want to have contracts that set out the compensation, restrictions on your performance and other details. Whether you get booked for a set or multiple gigs, you're likely forming a contract with the venue. The venue, often a small nightclub or bar, might not send you a formal document for your approval by signature.
Are Talent Agents And Managers Required To Affiliate With Talent Unions?
While there are key differences between agents and managers, both must consider whether it's necessary or desirable to affiliate with entertainment unions, including the Screen Actors Guild (SAG-AFTRA or SAG), the Directors Guild of America (DGA) and the Writers Guild of America (WGA). Talent agents are regulated by state laws, such as California's Talent Agencies ActArticle 37 of New York's Arts and Cultural Affairs Law and other regulations.
What's The Difference Between Option And Shopping Agreements?
Option and shopping contracts are two similar agreements where a creator, such as an author, playwright or screenwriter, contract with a producer to make their work into a film, TV show or series. An option agreement grants the right to buy or sell your creative work at a later time while a shopping agreement recruits someone to find and negotiate a deal on your behalf. A shopping agreement is a contract between a creator and a producer.
Can Comedians Work During Hollywood Strikes?
Hollywood actors have now joined writers on the picket line against film and TV producers. This means comedians who write or act for film and TV can't do so until the strikes are settled. But not all comedy work is off-limits. So what work can a comedian do without being labeled a scab? In short, comedians can do any work that is for self-promotion or for a company other than those being protested by the unions.
Why Is Sarah Silverman Suing OpenAI And Meta?
Sarah Silverman has joined the ranks of authors and artists alleging that AI training with their work is copyright infringement. Generative AI makers like OpenAI disagree, claiming fair use. Is AI training fair use, or are these companies liable for infringement? This is an open question for the courts but this post outlines the creatives' claims and defenses to them. WHAT ARE THE LAWSUITS ABOUT?
The Wild West Of AI-Generated Music: What Rules Rule?
Have you ever wanted a famous artist, past or present, to cover your favorite song? Now it's possible thanks to recent developments in artificial intelligence. Eerily accurate AI covers are appearing everywhere from TikTok to YouTube. What protections are available to the artists being depicted or to the owners of the artists' songs? Is AI-generated music even protected by copyright? What Is AI-Generated Music?
Madonna Malady Mayhem: What Happens When An Artist Postpones A Tour?
On Saturday, June 24th, Madonna was found unresponsive in her hotel room. She was rushed to the hospital where it was discovered she was suffering from a "serious bacterial infection" that required her to be intubated in the ICU for at least one night. While her people put out a rosy spin by stating that she's been discharged and is expected to make a full recovery, Madge had been violently ill and bedridden until recently.
Own Up & Pay Up: Music Publishers Sue Twitter $250 Million Copyright Infringement Lawsuit
Twitter is being sued for willful copyright infringement in a Tennessee federal district court by the National Music Publishers Association (NMPA) and over a dozen of its member music publishers, including the majors, Universal, Sony, and Warner. The lawsuit claims Twitter "knowingly hosts and streams unauthorized copies of music compositions." Plaintiffs are seeking damages of at least $250 million. The lawsuit only involves musical compositions.
Are Fashion Parodies Legal? - Trademark - United States
Trademark infringement is a significant issue for the fashion industry, as knockoffs, counterfeits, and other forms of copying can cause significant damage to a brand's reputation and revenue. To protect their brand, fashion companies spend a significant amount of time and money suing others for copyright and trademark infringement. One reason for the vigorous enforcement is that if companies fail to "police" their trademarks, they can lose their trademark rights.
Can Celebrities Post Photos Taken By Paparazzi To Their Own Social Media Accounts?
In the age of social media, the issue of who owns a photograph has become increasingly relevant, particularly when it comes to photographs of celebrities. Many celebrities have assumed that they own pictures taken of them. That false assumption has proved costly in some cases. Under U.S. copyright law, the person who "authored" a work is the copyright owner. This means that the photographer, not the celebrity whose picture is taken, owns the rights to the image.
Why The Warhol Foundation Lost In The Supreme Court?
On May 17, 2023, the Supreme Court issued its opinion in the Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a highly anticipated decision in a well-publicized case involving issues of fair use. In this post, I'll briefly recap the background to this case and discuss why I believe that the high court made the right call in finding that the particular use by Andy Warhol of Lynn Goldsmith's photograph of Prince did not constitute fair use.
Why Ed Sheeran Won: Not All Copying Constitutes Infringement
Ed Sheeran has recently emerged victorious in a recent copyright lawsuit brought by the estate of songwriter Ed Townsend, co-author of Marvin Gaye's hit song "Let's Get It On." The lawsuit alleged that Sheeran's hit song "Thinking Out Loud" copied key elements of the Gaye song, the harmonic progression and melodic and rhythmic elements that plaintiffs claimed constitute the "heart" of the song.
EXPERT INSIGHTS—The FTC wants to ban non-competes: What that means for you
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EXPERT INSIGHTS-THE FTC WANTS TO BAN NON-COMPETES: WHAT THAT MEANS FOR YOU
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Google Books’ dubious distinction between transformative use and derivative works
Given its prior ruling in last year’s substantially similar HathiTrust case, the Second Circuit’s October 16 decision in was as inevitable as the Cubs failing to win the World Series. Still those in the content creating community feel it’s fundamentally unfair that Google gets to scan millions of copyrighted books in their entirety without paying a dime for the privilege under the banner of fair use. The opinion, written by Judge Pierre N.
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