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Doctrinal Divergence in AI Copyright: A Fair Use Analysis of Bartz v. Anthropic and Kadrey v. Meta
Can AI training on copyrighted works qualify as fair use? Recent rulings in Bartz v. Anthropic and Kadrey v. Meta reveal a deepening divide in how courts interpret fair use in the AI context. While both favored the tech companies, their reasoning diverged—especially on market harm and transformative use—offering critical insights for future AI copyright litigation.
Francesca Witzburg
Jul 3, 20257 min read


Hollywood Takes on AI: Major Film Studios Sue Midjourney Over AI Copyright Infringement
Hollywood vs. AI: Why the Midjourney Lawsuit Could Reshape Copyright Law
Major film studios, including Disney and Universal, are suing AI platform Midjourney for copyright infringement—alleging it unlawfully replicates iconic characters like Spider-Man, Elsa, and Shrek. This landmark case tests whether generative AI can legally train on and produce content based on copyrighted material. The outcome could set a pivotal legal precedent.
Francesca Witzburg
Jun 24, 20255 min read


The Future of Influencer Marketing: Data, AI, and Smarter Brand Partnerships
Influencer marketing is changing fast. Learn how Ali Marino’s company, Wayward, is using AI and data to help brands form smarter, more profitable partnerships with creators and publishers—while keeping the human touch.
Francesca Witzburg
May 29, 20252 min read


Trademark Infringement: 3 Red Flags Every Business Should Watch For
Trademark infringement isn’t always blatant — sometimes it’s a quiet echo of your brand showing up in search results, on merch, or in a nearly identical name. Learn how to spot the early signs of brand confusion before they start costing you customers.
Francesca Witzburg
May 14, 20253 min read


Copyright Infringement Lawyers Aren’t Just for Big Brands—Here’s Why
Any business that produces original content—website copy, product images, training materials, software—has intellectual property worth protecting. And any business that uses third-party content needs to make sure it’s doing so legally.
Francesca Witzburg
May 14, 20252 min read


No Copyright Without a Human: What Thaler v. Perlmutter Means for AI Art
Can AI create art—and own it? In Thaler v. Perlmutter, a federal court reaffirmed that copyright protection is reserved for works with human
Francesca Witzburg
Apr 4, 20253 min read


Another Birkin? Trade Dress in the Context of Walmart’s Wirkin Controversy.
Co-Authored by: Selma Jay For over 40 years, the Hermès Birkin Bag has served as an iconic status marker. The Birkin is a...
Francesca Witzburg
Mar 19, 20253 min read


Secret Weapon: Copyright Protection for Brands
Copyright protection for brands is your secret weapon—secure your creative assets, enhance brand value, and keep copycats away!
Francesca Witzburg
Mar 6, 20252 min read


Scaling to 8+ Figures? Your Business and Intellectual Property Protection
Scaling a consumer product business to eight figures is an exciting milestone, but with greater visibility comes new risks. Intellectual...
Francesca Witzburg
Feb 24, 20253 min read


AI Copyright Law: 5 Key Takeaways on A.I.-Only Creations & Human Involvement
From the 2025 U.S. Copyright Office Report: A.I.-only creations aren’t copyrighted—add human creativity to protect your work!
Francesca Witzburg
Feb 5, 20253 min read


The Power of Relationships in Business
Authenticity and connection are the foundations of success in any industry.
Francesca Witzburg
Jan 28, 20253 min read


Top 5 Ways Counterfeiters Target Brands—Protect Against Knockoffs and Fakes
When your brand becomes popular, it doesn’t just attract new customers—it can also attract counterfeiters. These are people who copy your...
Francesca Witzburg
Jan 9, 20253 min read


Today's Brands Need Modern Legal Advice in the Digital Landscape
When your brand is your business, having the right legal strategy for brand protection is everything. Whether you’re a creator in the...
Francesca Witzburg
Jan 6, 20253 min read


How Hayley Paige Fought and Won Back Rights to Her Name--and Other Brand Protection Strategies
Protecting your brand is key to success. Learn essential IP strategies to secure your assets and build a strong foundation.
Francesca Witzburg
Dec 16, 20243 min read


Why Protecting Your Brand Is the Smartest Move for Your Business
In the fast-paced world of business, building a successful brand takes time, effort, and creativity. From crafting a distinctive identity...
Francesca Witzburg
Dec 4, 20245 min read


The Basics of Intellectual Property Law: An Introductory Guide for Businesses and Brands
In today’s fast-paced business world, protecting your intellectual property (IP) is more important than ever. Whether you're an...
Francesca Witzburg
Oct 21, 20243 min read
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