Author: Susan J. Lutzker Published: August 26th, 2021 Less than two weeks after the United States Court of Appeals for the Second Circuit issued its decision in The Andy Warhol Foundation v. Goldsmith, narrowing the range of works which can be considered ‘transformative’ under a fair use analysis, the Supreme Court issued its
Read More Author: Susan J. Lutzker Published: August 25th, 2021 The new CASE Act offers the opportunity for copyright owners to enforce their interests before a small-claims tribunal, rather than in expensive federal court litigation. As the specifics of implementing the law take shape, many questions surround its legality and the likely effectiveness. Click here to
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Author: Carolyn Wimbly Martin Published: July 8th, 2021 In the world of cryptocurrency, NFTs have been infiltrating mainstream markets and making headlines. NFTs present a variety of copyright issues because they are associated with images, videos, music, and other digital content. While NFTs do not address some arguments of fair use, they
Read More Author: Carolyn Wimbly Martin Published: June 30th, 2021 As fashion becomes more intertwined with the digital world, artificial intelligence has emerged as a useful tool in the creation of garments, prediction of consumer trends and detection of counterfeit products. The introduction of AI to the fashion industry allows for incredible advancements, but
Read More Author: Susan Lutzker Published: May 25th, 2021 Instagram has been sued in a class action by photojournalists who allege that it is liable for secondary copyright infringement for facilitating the embedding of copyrighted images on third-party websites, offering a “buffet table of photos” for free to the detriment of the copyright owners. Click
Read More Author: Carolyn Wimbly Martin, Ethan Barr Published: January 22nd, 2021 Controlled digital lending (CDL), the digitization of physical books for e-lending, has been hotly debated in the field of copyright law. Here we explore the tug-of-war between equal access to information and the rights of copyright owners. Click here to view entire blog article
Read More Author: Susan Lutzker Published: September 26, 2020 As many of us update the design and content of our online presence periodically, it’s important to pay attention to the legal aspects - to assure we own the content and design of the site, to guard against infringing third-party rights and to limit our liability by
Read More Author: Carolyn Wimbly Martin Published: September 24, 2020 Drones are nothing new, but recent concerns about their use by government officials for the surveillance of peaceful protests have ignited pleas for increased privacy protection. And their widespread use by laypeople increases the risks of invasions of the privacy of ordinary citizens. Here we
Read More Author: Susan Lutzker Published: August 26, 2020 General liability insurance policies which contain coverage for “advertising injury” may contain intellectual property exclusions that are so broad as to render coverage for copyright and trademark infringement illusory. Specialized IP policies provide sounder protection. Click here to view entire blog article at Lutzker & Lutzker
Read More Author: Carolyn Wimbly Martin Published: August 24, 2020 Many children today have an expansive digital footprint while still in diapers. Parents are quick to post cute photos of their children on social media, but many are unaware of the unintended consequences. As schools continue to expand their social media presence, they too contribute
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