As digital media continues to supplant physical media, e-commerce sites offering digital content have experienced unprecedented growth. These sites offer consumers access to video games, music, movies, e-books, and many other types of digital media at the click of a button. Although purchasing digital media—as opposed to physical media—has become commonplace for consumers, a

John Delaney
John Delaney advises clients ranging from startups to Fortune 500 companies on licensing, intellectual property and technology-related matters. John routinely assists clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain, AR, VR, and other emerging technologies. John’s experience also includes negotiating music and other media deals, software and content development agreements and licenses, complex outsourcing arrangements, joint ventures, and similar transactions.
Hermès Wins Trademark Lawsuit Over “MetaBirkins” NFTs
In early February, following a six-day trial, a jury in the U.S. District Court for the Southern District of New York found in favor of Hermès in its claims of trademark infringement, trademark dilution, and cybersquatting against artist Mason Rothschild, the creator of the “MetaBirkins” non-fungible tokens (NFTs). Even with the…
AI Can Create a Painting but It Can’t Register a Copyright in the Painting
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:

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Mission Statement
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).…