Uncertainty continues as to whether and to what extent artificial intelligence-generated works can be protected by copyright under U.S. law. The U.S. Copyright Office recently raised the hopes of artists who use generative AI by agreeing to register the copyright in a graphic novel titled Zarya of the Dawn, whose author used the AI tool Midjourney to generate its images. However, the Copyright Office quickly reversed course and notified the applicant that it may cancel the registration because it was not aware that the images were computer-generated. The Copyright Office asked the artist to provide details of her creative process to show “substantial human involvement” in the process of creating the graphic novel.

Continue Reading A New Generation of Legal Issues Part 1:The Latest Chapter in Copyrightability of AI-Generated Works

On January 5, 2023, the Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement.

This Update discusses the proposed rule, its potential effects, and what steps employers may take.

Follow us on social media @PerkinsCoieLLP, and if you have any questions or comments, contact us here. Learn more about our Digital Media & Entertainment, Gaming & Sports industry group here, and check out our podcast: Innovation Unlocked: The Future of Entertainment.”

Last week, we attended Digital Hollywood, a one-day, in-person conference that is part of CES and focuses on how technology is transforming the entertainment industry. The digital media landscape is evolving rapidly, fueled by strong engagement from consumers during the pandemic and the rise of disruptive new technologies. The Digital Hollywood speakers made keen observations about the current state of affairs, and provided inside-track predictions about what is to come.

Continue Reading Notes From the Field: Digital Hollywood at CES 2023

Fashion brands have taken a liking to the metaverse—perhaps due to the creative freedoms it provides. But with that freedom comes an easier means for infringers to trade off of brands’ valuable intellectual property.

This Update delves into the actions brands can take to prevent and resolve unauthorized usage of their intellectual property.

The subscription economy exploded during the pandemic and is expected to grow to $1.5 trillion by 2025. Subscriptions to streaming services passed 1 billion worldwide in the middle of 2020. More than two-thirds of Americans now use a subscription service for everyday household items from food and beverages to home goods and personal-care products. Subscription boxes have made a comeback in beauty, wellness, and apparel.

Continue Reading Time to Renew Your Interest in Automatic Subscription Renewal Laws

We are back with Part III of our Top 10 Tech Trends in Media in 2022. Previously on Part II , we saw how content reigns supreme, fueling unprecedented OTT and FAST viewership and spurring record-breaking acquisitions. We finish off our top ten tech trends by focusing on a decidedly non-tech feature of the media industry—people. Here are numbers 8, 9 and 10 on our list.

Continue Reading Top 10 Tech Trends in Media in 2022 (Part III)

The U.S. Copyright Office has again refused to recognize an artificial intelligence as the author of a work for copyright purposes.

This renewed rejection follows Steven Thaler’s request for the Copyright Office to reconsider its earlier refusals to recognize an AI algorithm, dubbed the “Creativity Machine,” as the author of a visual work entitled A Recent Entrance to Paradise, reproduced here:

A Recent Entrance to Paradise
Continue Reading AI Can Create a Painting but It Can’t Register a Copyright in the Painting

We are back with Part II of our Top 10 Tech Trends in Media in 2022. Previously on Part I, technology took center stage, with the metaverse, NFTs and video games in leading roles, along with surprise guest, monopsony. We previewed that OTT and FAST were up next but in our next big story arc it is content that reigns supreme!  Here are numbers 5, 6 and 7 on our list.

Continue Reading Top 10 Tech Trends in Media in 2022 (Part II)

New Year’s Eve celebrations ushered in 2022 with a muted blare, as the Times Square crowd dropped from the usual 1 million revelers to a mere 15,000. We started out 2022 by launching our first Emerging Technology Trends Report highlighting 10 notable areas and addressing the technology itself, as well as how these developments have driven new legal and regulatory demands. The Consumer Electronics Show made a quiet splash after the omicron variant led major media and technology companies to cancel in-person appearances in Vegas. Digital Hollywood went virtual, staying true to its name, if not to its original plan. Fast-forward to the spring and the show did go on, with SXSW 2022 and other in-person conferences making a tentative comeback. Continue Reading Top 10 Tech Trends in Media in 2022 (Part I)

We live in a disruptive age, with advances in technology largely fueling the disruption.

The internet, smartphones, mobile computing, social media, cloud computing, big data, blockchain, the Internet of Things, and so many more to come—these technologies have transformed, and continue to transform, our work, our lives, and our society (often for the better, but not always).

Continue Reading Mission Statement