A lawsuit pending before Judge J. Paul Oetken of the District Court for the Southern District of New York may soon underscore the need to rethink the legal remedies available for potential legal violations aided by generative Artificial Intelligence (“AI”).[1] As discussed previously on this blog, in July
Continue Reading Lehrman v. Lovo, Inc.: Voice Actors Take on AI Voice Generation
The recent copyright law landscape is rife with infringement lawsuits alleging that one song substantially copied the musical elements of another. As a music industry norm, songwriters frequently split the copyright of a single song with one or more co-authors, each owning exclusive rights in their respective shares of the
Continue Reading Miley Cyrus Can Buy Herself “Flowers,” but Can She Dismiss a Copyright Infringement Lawsuit?—A Look at the Ninth Circuit’s Approach to Co-Owner Standing
On December 16, 2024, Shira Perlmutter, head of the U.S. Copyright Office,[1] provided the relevant subcommittees of the Senate and House Judiciary Committees with an update on the Copyright Office’s ambitious investigation into the intersection of generative Artificial Intelligence (“AI”) and copyright law and policy.[2]
In August 2023
Continue Reading Copyright Office Delays Remaining Generative AI Report
On August 16, 2024, the United States Court of Appeals for the Eleventh Circuit affirmed Italian artist Maurizio Cattelan’s legal victory in the copyright lawsuit fellow artist Joe Morford brought against him alleging that Comedian (2019), Cattelan’s famous duct-taped banana installation at Art Basel Miami Beach in 2019, infringed on
Continue Reading Affirmed on A-Peel: Following the Eleventh Circuit’s Affirmance of Maurizio Cattelan’s Defeat of Copyright Infringement Suit Over His Duct-Taped Banana, the Work May Soon Fetch More than $1 Million at Auction
On May 3, 2024, U.S. District Judge Stephen H. Locher of the Southern District of Iowa granted artist Mary Miss’s motion for a preliminary injunction to prevent the demolition or removal of her outdoor environmental artwork entitled Greenwood Pond: Double Site, which sits on the grounds of the Des
Continue Reading Sculpture or Sculptural? — A Determinant of Moral Rights Under VARA
For the fifth year running, the Chambers High Net Worth guide, which focuses on the private wealth sector, recognized HHR as one of the nation’s leading law firms for Art and Cultural Property Law.
Chambers ranked HHR’s Art Law practice in the second-highest band among the top firms nationwide. “Hughes
Continue Reading Hughes Hubbard’s Art Practice Recognized by Chambers for Fifth Straight Year
On July 31, 2024, the U.S. Copyright Office issued the first of several planned reports on the intersection between copyright and generative Artificial Intelligence (“AI”), following a lengthy period of public comment, during which it received more than 10,300 comments, discussed previously on this blog. Titled “Part 1: Digital Replicas,”
Continue Reading Copyright Office Issues First Report on Generative AI
We recently reported on the denial by the U.S. District Court for the Southern District of New York of an art seller’s motion to dismiss a buyer’s claim for breach of contract arising out of the seller’s alleged failure to comply with resale restrictions contained in a contract governing the
Continue Reading Another Dip into Resale Restrictions: When Are Restraints on Alienation Unreasonable?
On April 22, 2024, U.S. District Judge J. Paul Oetken of the Southern District of New York denied an art seller’s motion to dismiss a buyer’s claim for breach of contract arising out of the seller’s alleged failure to comply with resale restrictions contained in a contract governing the seller’s
Continue Reading Cloudy with a Chance of Liability: Art Seller Must Face Suit for Breach of Warranty of Good Title
Generative Artificial Intelligence (AI) tools—defined by the U.S. Copyright Office as technology that is “capable of producing outputs such as text, images, video, or audio (including emulating a human voice) that would be considered copyrightable if created by a human author”[1]—are trained by analyzing vast amounts of data
Continue Reading U.S. Copyright Office Examines Copyright and Generative AI