By James Juo. The academic debate as to whether artificial intelligence (“AI”) can be an “author” of creative works for purposes of copyright is becoming less academic. Advocates of AI exceptionalism argue that AI is able to make functionally creative output in the absence of a traditional human author and AI-generated works should be protectable under […]
By James Juo. Instead of actual damages and profits, a copyright owner may elect to recover statutory damages, which a court may award in the range between $750 and $30,000. 17 U.S.C. § 504(c)(1). For willful infringement, statutory damages may be increased up to $150,000. The court has broad discretion to assess damages within the statutory […]
If someone has violated your intellectual property rights, it’s only natural that you’d want to get your attorneys’ fees back when the case is finalized. Depending on the jurisdiction, the circumstances of the case and the type of intellectual property at stake, this may be possible. As always, the best way to find out whether […]
By James Juo. The incidental appearance of a trivial portion of a large visual work, such as an outdoor mural, in the background of a photograph may be de minimis use that does not give rise to copyright infringement. “Typically, courts examine the de minimis defense first to determine if any actionable copying has occurred. . . . […]
By: Scott Brenner The U.S. Copyright Act protects “original works of authorship fixed in any tangible medium of expression.”[1] Specifically, copyright law protects: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and […]