We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. Various media companies embedded the photos using Instagram’s proprietary embedding tools. The photos, therefore, appeared on websites without any license from the original photographers.
Continue Reading Instagram Defeats Embedding Lawsuit

The United States Copyright Office has refused to register a copyright for a work of art created by a machine.

The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. It is a view looking towards a series of two archways over railroad tracks, with walls along the sides covered in very dark green, purple, blue, and pink foliage, with a tiny bit of blue and cloudy sky above. The title is “A Recent Entrance to Paradise.” The work was created by a machine called “Creativity Machine” and was submitted for copyright registration in 2018 by Steven Thaler.
Continue Reading Is Machine-Made Art Copyrightable?

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public.
Continue Reading If a Photograph is Infringed But No One Sees it, is it Still Infringement?

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss an art collector’s attempt to turn a painting that was purchased into a series of NFTs, and the artist’s estate’s effort to stop it.
Continue Reading More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT