Artificial Intelligence and the Creative Double Bind
Chapter Two
Vol. 138 No. 6
Intellectual Property
Dancing on Their Own: Alternatives to Copyright for the Choreographic Community
Vol. 138 No. 5
Throughout American history, dance has been the “stepchild” of the arts family, an afterthought when it comes to recognition, protection, and celebration. Even as...
Recovering Personality in Copyright’s Originality Inquiry
Vol. 138 No. 4
Copyright has become the battleground à la mode for AI-related litigation. Referring to the technology as “nothing more than a plagiarism machine” developed by...
The Counterfeit Sham
Vol. 138 No. 2
Abstract There’s a new front in the IP rhetoric wars. Plaintiffs in “Schedule A” cases tell judges that they need to secretly seize the...
Should Trees Have Publicity Rights? Capturing Value from the Use of Endangered Species in Advertising
Vol. 137 No. 8
Throughout legal history, each successive extension of rights to some new entity has been, theretofore, a bit unthinkable. Christopher D. Stone Ads and logos...
NYT v. OpenAI: The Times’s About-Face
The New York Times has sued OpenAI and Microsoft for the unpermitted use of Times articles to train GPT large language models. The case...
Voluntary Commitments from Leading Artificial Intelligence Companies on July 21, 2023
Tech Companies Agree to Develop Mechanisms for Identifying AI-Generated Works.
Vol. 137 No. 4
Brody v. Fox Broadcasting Co.
Southern District of New York Holds that Fair Use May Be Raised on a Rule 12(B)(6) Motion to Dismiss.
Vol. 137 No. 3
Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith
Vol. 137 No. 1
Art is imitation (at least according to Plato and Justice Kagan). Last Term, in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith,...
Jack Daniel’s Properties, Inc. v. VIP Products LLC
Vol. 137 No. 1
Brands — and the names, slogans, and logos they use to promote themselves — are “ubiquitous, embedded in every aspect of our lives and relationships.” Given their omnipresence,...