Echoes of 2023: Legal Landscape Shifts, AI Battles, and NFT Dramas – A Year in Entertainment Law and Predictions for 2024
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In Memoriam: Sandra Day O’Connor
https://en.wikipedia.org/wiki/Sandra_Day_O%27Connor
https://www.scotusblog.com/2023/12/roberts-pays-tribute-to-oconnor/
https://www.supremecourt.gov/visiting/exhibitions/SOCExhibit/Section3.aspx
Hall and Oates Partnership Sale
https://variety.com/2023/music/news/hall-oates-legal-drama-judge-blocks-sale-1235815321/
https://variety.com/2023/music/news/hall-and-oates-lawsuit-restraining-order-1235805425/
https://www.phillymag.com/news/2023/11/20/hall-and-oates-lawsuit/
Rap Lyrics as evidence in criminal cases
Judge Rules Young Thug’s Lyrics Can Be Used In YSL RICO Case: ‘The First Amendment Is Not On Trial’
YSL trial delayed after Young Thug’s co-defendant stabbed in Atlanta jail | Courthouse News Service
RAP Act, a Bill to Ban Use of Lyrics as Court Evidence, Reintroduced to Congress
Louisiana prosecutors won’t be able to use lyrics as evidence of character under new law
Analysis of New SAG/AFTRA and WGA contracts post-strike(s)
Jennifer Aniston’s Eyes and Brad Pitt’s Smile: How SAG-AFTRA Fought AI Zombies
http://sagaftra.org/contracts2023
https://puck.news/what-the-actors-really-won-on-a-i/?utm_source=substack&utm_medium=email
Disney Asks Microsoft to Curtail AI Tools to prevent Trademark Infringement
Court Grants Motion To Dismiss in Kadrey AI Training Data Case
Kadrey v. Meta Platforms Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03417
Second Circuit affirms district court’s granting of preliminary injunction against MSCHF for Van’s Knockoffs
https://law.justia.com/cases/federal/appellate-courts/ca2/22-1006/22-1006-2023-12-05.html
https://entertainmentlawupdate.com/2021/04/googles-fair-use-warhols-isnt-or-is-it/
Contrast with US – Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States
Year End Roundup
Warhol Foundation v. Goldsmith
SUPREME COURT OF THE UNITED STATES
ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC. v. GOLDSMITH ET AL.
Bad Spaniels
Jack Daniel’s Properties, Inc. v. VIP Products LLC,
AI in the legal news all year
Copyright Office and District Court rule that AI generated material not entitled to copyright protection
Lawyers’ use of AI tools in briefing courts
Copyright infringement claims by authors, artists, stock agencies, etc.
NFTS – We Predicted in 2023 that NFTs would be a hot topic
Artist owes $1.5 million in damages for fake Bored Ape NFTs Yuga Labs Inc v. Ripps, 9th U.S. Circuit Court of Appeals, No. 22-56199
…and Predictions
Governments around the world will wrestle with AI regulation (and copyright)
https://www.osborneclarke.com/insights/eus-ai-act-what-do-we-know-so-far-about-agreed-text
Section 230 under siege
Free Speech vs regulation of Social Media
https://amp.theguardian.com/us-news/2023/nov/30/judge-blocks-montana-tiktok-state-ban