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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 37 min read
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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 245 min read
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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 292 min read
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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 43 min read
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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 193 min read
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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 62 min read
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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 53 min read
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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 93 min read
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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
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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
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