Mark Jaffe, 5 Bridges Law
Lawyer representing creatives in California and New York
Copyright. Trademarks. Helping artists get their copyrights back.
Asterisks everywhere.
5bridgeslaw.com
More links:
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- He should've been over 100 racisms ago
- Phyllis Schlafly Eagles, as in that Phyllis Schlafly, filed an amicus brief in favor of Supreme Court taking this case. Did you know that Phyllis Schlafly has strong views of copyrightability in machine-generated works? www.supremecourt.gov/DocketPDF/25...
- Stephen Thaler, inventor of the Creativity Machine, is asking the Supreme Court to take his case over copyright registration for his AI-generated work. Thaler's position is that the machine is the "author" and therefore he owns the work as a work for hire. www.scotusblog.com/cases/case-f...
- Stephen Thaler, inventor of the Creativity Machine, is asking the Supreme Court to take his case over copyright registration for his AI-generated work. Thaler's position is that the machine is the "author" and therefore he owns the work as a work for hire. www.scotusblog.com/cases/case-f...
- The Copyright Office rejected registration because copyright requires a human author. The courts have upheld the Copyright Office's decision.
- I think most copyright lawyers, regardless of how they feel about copyright in AI-generated works, would agree that this isn't a good case for the Supreme Court to take the issue.
- Thaler isn't arguing he owns the copyright because he entered prompts, which is the more common argument in favor of copyright protection. He's arguing he's the owner as the inventor of the platform.
- I don't know if the issue will arise in this litigation, but some people take the position that "illegal" graffiti cannot be protected by copyright. I disagree. So-called "illegal" graffiti can be protected by copyright just as any other art, so long it otherwise satisfies the Copyright Act.
- Copyright vests when it's original to the author and sufficiently creative. The work must be fixed in a tangible form but there's no requirement that an artist has the permission of whoever owns the surface. I expect to see a court take on this issue one day.
- For a long time I've been interested in graffiti copyright. This lawsuit has a twist: retailer Michaels Stores is suing graffiti artist POSE, seeking a declaratory judgment that it isn't infringing the artist's copyright 1/
- As I understand the complaint, POSE had a sponsorship with AVT Paints and his art was featured on Ironlak's website. In selling the spray paint, Michaels's website included POSE's art. POSE asked Michael's to remove it. 2/ www.documentcloud.org/documents/26...
- Copyright lawyers will recognize how misleading this paragraph is. It alleges that POSE claims copyright protection but hasn't provided evidence and hasn't shown that it was registered. 3/
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View full threadAnother interesting wrinkle. There's only one declaratory judgment claim but the relief sought includes a declaration regarding the copyright - and - the trademark. This it at least the second time I've seen a complaint implicating the source-identifying function of a graffiti artist's tag * 7/
- The City of New York (essentially on behalf of NYPD) is suing McGraw Media over the TV series "Behind the Badge".
- The City says the contract gave it the right to review rough cuts of the show, and demand that content not be aired if it's "inaccurate, confidential" or "would otherwise compromise public safety or the public trust".
- The complaint alleges that McGraw breached the contract by not providing the rough cuts, ignoring the requests that certain content not be aired. www.documentcloud.org/documents/26...
- The contracts are here: www.documentcloud.org/projects/223...
- Random memory: when I worked as a law clerk at New York Supreme Court in Manhattan, the TV show Blue Bloods was filmed in the building. I didn't know anything about the show so I imagined it was about former gang members who become cops.
- I could've pitched that idea but I figured someone's done it by now.
- Reporters have to stop treating with him respect. Speak up to him for fuck's sake. What'll cost you? He's not answering your questions anyway.
- Just ask him straight-up "why do you have to be such an asshole" and I promise I'll pre-order your book.
