Baseball Copyright Fanatics- A Case Study of the Phillie Phanatic

When you think about copyrights… you may not imagine that Benny The Bull, Bucky the Badger, or the Phillie Phanatic are relevant… but even these sports characters are subject to copyright law. Before diving into how copyright applies to mascots, it’s important to understand some basic principles of copyright law. What is a Copyright? Copyright is a type of intellectual property that protects original creative … Continue reading Baseball Copyright Fanatics- A Case Study of the Phillie Phanatic

The Rainbow Road to Nostalgia and Copyrights

In October of 1985, a heroic plumber named Mario journeyed through a kingdom of peaceful mushroom people to save a kidnapped princess from the hands of the evil, fire-breathing tyrant.

Thirty-eight years later, Mario once again journeyed through a kingdom of peaceful mushroom people, this time with the help of the princess to save his kidnapped brother from the hands of an evil, fire-breathing tyrant. However, rather than watching Mario’s adventure through a TV and a video game console, the beloved character now embarked on an adventure on the big screen.
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Winter is Coming for OpenAI: What Constitutes Fair Use by ChatGPT?

Dragons, White Walkers and AI, oh my!

If you are a big Game of Thrones or fanfiction lover, buckle up! From one (legal) battlefront to the other, OpenAI has been under fire recently for the development of their artificial intelligence (AI) computer program ChatGPT. The Authors Guild and 17 individual authors (“Authors”), including “Game of Thrones” novelist George R.R. Martin, filed a lawsuit in September 2023, against Open AI for copyright infringement.

But before we dive into that, let’s cover the basics of ChatGPT.
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Is a Rhythm Copyrightable? Bad Bunny’s Unique Defense to Copyright Infringement

A Massive Lawsuit Threatening the Reggaeton Genre

In 1989, Jamaican reggae duo Steely & Clevie released “Fish Market.” Since reggae first hit the music scene in the late 1960’s, the genre was still highly impressionable. Soon after release, it became known as the first example of a “dembow” rhythm  – a sub-genre of reggae music distinguished by constant rhythm and faster beats per minute . The main element of Dembow is its riddim, a Jamaican term for rhythm which tends to be simple and repetitive.
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Is Disney Losing Mickey Mouse Because of Copyright Law?

When I first read the headline to this New York Times article, “Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property,” I thought that Mickey Mouse would soon lose its copyright and enter the public domain. If Mickey Mouse were to enter the public domain, artists could use Mickey without fear of a copyright infringement lawsuit. I learned from an IP survey course … Continue reading Is Disney Losing Mickey Mouse Because of Copyright Law?

Finding a Fix for TDM’s Issues

For all the good copyright law does to protect the creative works of authors, it causes problems for Text and Data Mining (TDM) by researchers and AI. TDM is a tool that allows computers to “read” and analyze large amounts of text or data. As I explained in Part 1 of this post, TDM is likely copyright infringement under current U.S. law. However, the initial copyright infringement isn’t the only issue. Continue reading “Finding a Fix for TDM’s Issues”

CHAT GPT – Should we have a chat about IP’s role?

What is ChatGPT and how does it work?

ChatGPT is an artificial intelligence (AI) computer program developed by the San Francisco based company,OpenAI. ChatGPT works by taking a natural language input, which is an input of human language as it is spoken and written, from a user and then producing a natural language output. Essentially, ChatGPT works like a search engine (Google, Bing, Yahoo!, etc.). However, instead of returning a list of websites, ChatGPT returns exactly what you ask it to in a conversational format. As a result, ChatGPT enables a user to receive direct responses to their questions. ChatGPT has received substantial media coverage for its easy-to-use interface and extensive capabilities. By simply asking ChatGPT to do so, a user can receive a literary work such as an essay, or an article created by the program. Continue reading “CHAT GPT – Should we have a chat about IP’s role?”

Trouble in Vermont: A Case Study on Artists Moral Rights

The New York Times recently reported a story about Vermont Law School and a mural on their campus that gave rise to a copyright dispute.  The mural, painted by a white man, depicts slavery and the evils around it.  Many who have seen the mural objected to how African Americans were depicted.  Indeed, they found that the depictions were racist caricatures of black people.

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