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AI Art and Copyright Infringement | The Lowdown

It has been said that it is impossible to come up with a truly original idea in the arts, and that may be true. Many of the greatest works are riffs or adaptations of art that has come before. The difference lies in how much originality the second artist brings to their new work. Does the art contain a stylistic difference or new point of view? Or is it simply a “rip-off”?

October 10, 2025

Colorful confetti all around

‘Little Trees’ Air Fresheners Score Big Victory Over Competitor

The Exotica Fresheners Company will probably have to add “the smell of defeat” to its line of car air fresheners.

December 08, 2015

A woman listening to music

Google Promises to Start Legally Backing Users Against DMCA Notices

Fresh off the heels of a victory in its own ten-year court fight, Google made a game-changing announcement recently: The company says it will now legally defend some of the YouTube video creators who are facing copyright claims, because it believes their works are fair use.

December 01, 2015

Music editing on a laptop

Meet The Slants: This Band’s Fight Over The Right to Trademark its Name Could Impact What Happens With The Washington Redskins

This past July, a Federal District Court affirmed the Trademark Trial and Appeal Board’s cancellation of the Washington Redskins’s trademark for being disparaging toward Native Americans. The NFL team filed its appeal this month in a bid to get back its registration.

November 17, 2015

A vinyl record

A Twenty-Year Perspective: The Winners and Losers of the Digital Performance Right in Sound Recordings Act

Last month, Apple CEO Tim Cook announced the its music streaming service had gained 15 million total users since its June release, with 6.5 million of them being paying subscribers. It has quickly joined the other streaming services that now make it easier than ever to enjoy the music we love in the digital space.

November 10, 2015

An H&M store

Memo from H&M to Forever 21: “Beach Please” Stop Copying Us

According to The Fashion Law, Swedish clothing retailer H&M is suing LA-based clothing retailer Forever 21 for copyright infringement, trade dress infringement, false designation of origin and unfair competition, over the design of one of its canvas tote bags, which features the groan-inducing or very clever play on words “Beach Please” set against a line of palm trees and a colorful background.

November 03, 2015

A stack of books

Google Books is Legal and It Only Took a Decade To Find Out

Google scored a major victory earlier this month when the 2nd U.S. Circuit Court of Appeals in Manhattan ruled that the company’s massive undertaking in creating a digital library doesn’t infringe on the rights of authors because it’s fair use.

October 28, 2015

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