9/23/2025 4:29:22 PM The May Massacre: Firings, AI, and Constitutional Crisis at the Copyright Office By Brian Murphy These are extraordinary times. And this is an extraordinary case. In 2020, Shira Perlmutter was appointed Register of Copyrights by Dr....
12/24/2021 5:48:45 PM Works from 1926 (and Pre-1923 Sound Recordings) Enter the Public Domain in the U.S. By Brian Murphy On January 1, 2022, all literary works, compositions, and films first published in 1926, and all pre-1923 sound recordings, will enter...
6/4/2025 11:05:19 AM Eleanor – the Ford Mustang from Gone in 60 Seconds – Not a Copyrightable Character By Brian Murphy In both the 1974 original and the 2000 remake of Gone in 60 Seconds, a gang of accomplished thieves attempts to steal dozens of classic...
1/23/2025 2:48:29 PM Copyright in Motion: Ninth Circuit Recognizes Kinetic Sculptures as Eligible for Copyright Protection By Brian Murphy In a decision published last week, a panel of the Ninth Circuit held that kinetic sculptures - works that incorporate movement as a...
11/11/2024 10:10:24 PM Can You Avoid Copyright Claims By Modifying Props Used in Your Ads? By Brian Murphy In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems...
9/30/2024 2:50:10 PM Trump in a “River of Trouble” for Infringing Copyright in Classic Isaac Hayes Song By Brian Murphy Since 2020, Donald J. Trump and his campaign organization have regularly played the Sam & Dave classic “Hold On, I’m Comin’” at campaign...
8/16/2024 2:10:40 PM Predictably, an Oral License to Use Beat Track in Song Results in Copyright Infringement Case By Brian Murphy Plaintiff Brian White is a professional musician who writes and records beat tracks that he sometimes licenses to other artists. (We Got...
12/28/2025 10:14:36 PM Some Tips for 2026 From the Frankfurt Kurnit Advertising Group By Jeff Greenbaum As we head into 2026, here are some thoughts from the Frankfurt Kurnit Advertising Group about some of the key issues that advertisers...
1/23/2024 2:05:42 PM French Montana and the Scope of Copyright Protection for Sound Recordings vs. Compositions By Brian Murphy You have to tip your hi-hat to Eddie Lee Richardson, a/k/a Hotwire the Producer, a/k/a the plaintiff in this case. When he was 16 years...
12/11/2023 1:48:02 PM A Copyright Quiz: Find the Infringement! By Brian Murphy For many years, the plaintiff was part-owner and lead designer for a company that made stationery and office supplies. The plaintiff...
12/6/2023 5:35:05 PM Plaintiffs' Argument that Meta's Large Language Model is an Infringing Derivative Work Makes Judge's Head Explode 🤯 By Brian Murphy Today I report on another opinion out of the Central District of California that addresses whether generative AI tools infringe upon the...
12/4/2023 1:23:25 PM Two Courts, Two Ad Campaigns, and Copyright's Idea-Expression Dichotomy By Brian Murphy Lawyers say this to clients all the time: you can’t copyright an idea; copyright protection extends only to an author's original...
11/13/2023 1:46:32 PM The Generative AI Journey Continues By Brian Murphy When it comes to tech powered by generative AI, we are on the verge of a Cambrian Explosion, a period during which we can expect an...
10/27/2023 7:23:07 PM Court Revises Opinion in Kat Von D Tattoo Case in Wake of Andy Warhol Foundation v. Goldsmith By Brian Murphy Tattoos and fair use. Again. (See this post from last month.) The plaintiff Jeffrey Sedlik is a photographer who took (and owns the...
10/20/2023 12:10:51 PM Advertiser That Tells Its Agency to "Recreate" a Competitor's Video (But Make it Better) Liable for Copyright Infringement By Brian Murphy Door-to-door storage services deliver packing crates to your house and pick them up once they are filled up. It is, apparently, a...
10/10/2023 7:22:25 PM Photographer Cannot Recover Profits Based on the Use of Infringing Image in Advertising By Brian Murphy An advertiser includes an infringing image in an advertising campaign. (It has been known to happen.) The copyright owner sues, seeking...