When artists collaborate with the government, both parties benefit. This partnership can enhance an artist’s reputation and enrich a city’s cultural landscape. We’ve seen examples of this in the past, like the Statue of Liberty, which is not only a national monument but also a symbol of New York City. Other iconic public art installations […]
Public Art Contracting 101 Read More »
Abracadabra, hocus pocus, expelliarmus—these are all magical words. Usually, the law does not have magic words that cause things to happen. However, there are a few instances where specific words can create a particular outcome. In the United States, the magic words to determine when a worker owns the copyright in a project are “work
Ask Apex: What is the Copyright Work for Hire Doctrine? Read More »
Visual artists pour their heart and soul into their creations, and it’s only fair that they’re afforded legal protections for their works. This is where the Visual Artists Rights Act (“VARA”) comes into play. If you’re an artist looking to safeguard your artistic legacy, this guide is for you. In this blog post, we’ll break
An Introduction to the Visual Artist Rights Act (“VARA”) Read More »
Homeowners’ Associations (“HOAs”) play a vital role in managing communities, ensuring harmony, and maintaining property values. However, in the realm of intellectual property, HOAs can face unique challenges that require careful attention. In this post, we will explore three prominent issues related to intellectual property faced by HOAs and provide insights on how to navigate
In the emerging digital era and recent modifications to the NCAA NIL regulations, individuals should be increasingly more cognizant of the significance and value of safeguarding their personal identity. Name, image, and likeness are valuable assets that set public figures, athletes, and even everyday people who have achieved a certain level of notoriety apart and
Protecting your Name, Image, and Likeness (NIL) Read More »
The intersection of artificial intelligence (AI) and copyright law raises crucial questions, particularly concerning fair use—the doctrine that allows limited use of copyrighted material without permission. This blog explores the intricate relationship between fair use and AI, examining two landmark cases that present insight into how the courts may approach AI created material. Perfect 10,
Fair Use and AI: Finding Balance for Copyright and Innovation Read More »
In law, the term “intellectual property” is used to define intangible rights protecting commercially valuable products.[1] Mostly comprised of trademarks, copyrights, and patents, but also includes trade secrets, rights of publicity, moral rights, and rights against unfair competition.[2] People have become more familiar with these types of assets with the explosion of the Internet and
Bankruptcy and Intellectual Property Read More »
With the latest explosion of Artificial Intelligence (“AI“) generated content there comes the inevitable question of how to protect that content. There has been a lot of confusion over who owns the copyrights in the image. Does the AI generator, be it ChatGPT[1], DALL-E 2[2], Midjourney[3], or Bard[4] own it? Does the person who wrote
Who Owns the Copyright to AI-Generated Content? Read More »
Overview With the advent of the new year, the Washington Nonprofit Corporations Act (RCW 24.03A) is now in full force and effect. While much discussion has already been devoted to specific governance changes to member and non-member organizations, we have yet to address how charitable assets will be managed under the new act. In this
New Washington Nonprofit Corporations Act and Charitable Assets Read More »
In today’s market, buyers and sellers need to be creative when it comes to financing the purchase and sale of a business. Earn-outs offer a financing option that provides for flexibility, incentives for the new owners to do well, and incentives for the seller to see the transition go smoothly. Earn-outs can be structured in
Seller’s Earn-Out when Selling Their Business Read More »