The entertainment industry is known for producing all kinds of art, many of which are original works that inspire future creators to make their own. Often there is a reemergence of trends that come back stronger than it once was,…
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. Andy Warhol created sixteen silkscreen works of art based on Lynn Goldsmith’s photograph of Prince Rogers Nelson, who, at the…
During the filming of the movie Rust in October 2021, actor Alec Baldwin “was holding an antique Colt .45 . . . when the prop gun discharged a live bullet.” The bullet struck cinematographer Halyna Hutchins and director Joel Souza,…
Whether you’re a diehard football fan or just a casual observer, you’ve probably recognized that, leading up to the Super Bowl, many companies advertise their Super Bowl deals not using the actual phrase “Super Bowl” but using the phrase “The…
On Twitter, the question for copyright holders is not how to enforce their rights under the Digital Millennium Copyright Act (DMCA), but whether to enforce them. Specifically, on Twitter, copyright holders can report any violations under the DMCA, and penalties…
Business owners have a lot to consider when starting a business. Competing with themselves should not be something they need to think about. However, for businesses dealing with counterfeiters, this is exactly what is happening. Counterfeit products are not new…
Non-fungible tokens, or NFTs, are “unique files that live on a blockchain and are able to verify ownership of a work of digital art.” They are essentially digital assets that represent a unique object—typically art, music, videos, or games. An…
Influencers get paid a lot to advertise products on their platforms. Companies realize an opportunity to advertise through influencers to reach their impressionable followers. Dupe influencers promote counterfeit goods by sharing links and or reviewing them. Their marketing is effective–a…
When one thinks of art, one generally thinks of something physical. That isn’t the case anymore as non-fungible tokens, or NFTs, are breaking down such notions. NFTs are completely digital, “you can’t touch it, but you can own it.” For…
Imagine yourself playing Grand Theft Auto. In the spirit of the game, you go rampaging through the city only to find you’ve ran over a pedestrian that looks exactly like you. Would you feel shocked? Angered? Bemused? The chance of…
What is the value of art? Is it how it looks? Is it the artist who created it? Or is it how much it will appreciate in the future? MSCHF (pronounced “mischief”), the Brooklyn-based art collector, is challenging the “capital-A…
Section 230 of the Communications Decency Act (“CDA”) immunizes social media platforms, like Facebook, from liability of third party content. In other words, Facebook can’t be held liable for defamatory or offensive content posted by its users. In many ways,…
