Skating on Thin Ice: Copyright Challenges at the Winter Olympics

When most of us think about figure skating at the Winter Olympic Games, we picture elite athletes, dramatic performances, and unforgettable routines. However, in recent years, an important issue has emerged: complex copyright disputes. For decades, copyright music licensing was rarely an issue in competitive skating. This is because the International Skating Union (ISU) prohibited … Read more

Protecting AI-Influenced Work: Why Copyright and Patents Can Fall Short, and Why Trade Secrets Often Matter More

More and more, I hear some version of the same question from business owners: “We made something valuable with the help of AI. Can we protect it?” Sometimes the “something” is obvious, like marketing copy, a logo, a photo, a product description, a training guide, or software code. Sometimes it is less obvious but more … Read more

Choosing Between Artists and the Algorithm

I’ve been thinking about the clash between generative AI and copyright law, particularly in light of OpenAI’s claim that restricting access to copyrighted material could end the AI race altogether. It’s a provocative statement. But it’s also a false binary. Because we’ve been here before – at the edge of a new medium, a new … Read more

It’s almost here! Public Domain Day!

Copyright law can be a bit convoluted, but occasionally, the legislature does things that actually simplify life. One thing they did was to make all the copyrights expire on December 31 rather than throughout the year. The 1998 Copyright Term Extension Act gave works published or registered before 1978 a 95-year term, expiring on January … Read more

Bottles Up

As a firm of trademark and alcohol attorneys, it’s always a thrill when those two topics collide, especially on a major stage. We had one of those great moments of serendipity last week. The story begins with Diageo, the company that owns Bulleit Frontier Whiskey, a brand of whiskey that might be familiar to our … Read more

Trademarks and Sports: Yes, No, Maybe So?

Can trademarks and sports mix? To address this question, I wanted to dive in with several case studies: Of course, this Cheesehead cannot help but talk about the Green Bay Packers! The Packers’ notable trademark is it’s original one where it claims the services of “entertainment services in the form of professional football games and … Read more

Empowering Creatives to Know Their (Copy)Rights

            For creative people, copyright is a powerful concept. US law gives authors of fixed works with some element of creativity rights over their own creations, be they literary works, works of visual art, etc. This right allows the authors of these works to decide who is allowed to copy their work, and how, amongst … Read more