Posts in Copyright
AI or SI – What’s in a Name?

Led Zeppelin transformed Howlin’ Wolf’s Killing Floor into The Lemon Song, leading to a copyright dispute centered the extent to which Howlin' Wolf's creative work remained. According to the US Copyright Office when AI is used the question instead becomes "How much human creativity exists?" A recent Executive Order replacing “Artificial Intelligence” (AI) with “Super Intelligence” (SI) in federal executive communications may seem just to involve semantics since it doesn't change copyright law. However, words influence perceptions. If the EO's terminology takes hold, calling the technology SI could encourage us to treat it as an extension of instead of a substitute for human creativity.

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Businesses Must Comply with Copyright Law When Playing Recorded Music

A music streaming subscription often doesn't give someone the right to can play that music for customers or at events. Businesses that use recorded music may need to navigate complicated copyright laws, streaming-service terms of service, and licenses from multiple performing rights organizations. Copyright law can treat even a “private” company event or apartment-community gathering as a public performance. A single recording may involve two different copyrights, and a playlist can require dozens of licenses, and licenses that worked in one context might not be sufficient in another. Read our blog to learn what businesses should consider before using recorded music at their establishments.

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You May Not be Able to Post Your Own Photo Online – Here’s Why

It's more than an artistic decision when a coffee shop's ad features a simple photo of coffee with the patrons in the shop blurred in the background. Although the shop may have purchased the copyright from the photographer, that doesn't mean the shop can use people's faces in an ad. By blurring the people's images, the shop need not worry about obtaining consents. On the other hand, since a photographer owns the copyrights in photos they take, even a person who is featured in the photo can't post or copy it without consent. Read our newest article to learn about these and other pitfalls individuals, businesses, and music groups may face when they post photos on social media or use them in promotional materials.

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What a Cold War Television Drama Can Teach Us About Celebrity Impersonators

An episode of Peacock's Cold War era spy show, PONIES, is set at an Elton John concert in Moscow. Peacock worked closely with Elton John's representatives and used his persona with permission, and everyone knows there is an actor impersonating Elton John. However, the same isn't true with AI generated images. AI is a valuable tool that can speed up many business processes, including speeding up the process of creating images for marketing materials. However, there's no transparency regarding the source of AI-generated images, and when those images resemble an actual individual, it raises right of publicity and copyright concerns. Read our article to learn about these legal concerns, what state laws apply when AI uses someone's image without authorization, and how the NO FAKES Act would create a national standard in this quickly developing area.

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Why it Matters Under Copyright Law Whether a Collaboration is a Joint or Composite Work

During a collaboration, authors may get caught up in the creative process and not consider the legal implications of their work. However, it’s important to decide up front whether they intend to create a joint work or composite work and work with an attorney to document their intention.

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