Intellectual property

AI Protection of art in the style of the 90s

An Introduction to the Visual Artist Rights Act (“VARA”)

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 …

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AI generated image addressing HOA and IP

Intellectual Property Issues Faced by HOAs: Protecting Rights and Avoiding Legal Pitfalls

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 …

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AI Generated basketball court

Protecting your Name, Image, and Likeness (NIL)

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 …

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AI and Fair use

Fair Use and AI: Finding Balance for Copyright and Innovation

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, …

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Bankruptcy and Intellectual Property

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 …

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law books, legal books, library

New Washington Nonprofit Corporations Act and Charitable Assets

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 …

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achievement, bar, business

Seller’s Earn-Out when Selling Their Business

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 …

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The Safe Harbor

Overview Copyright Law protects original works of authorship fixed in a tangible form including but not limited to images, videos, articles, and content on websites e.g., this blog post is also protected under copyright law (so don’t get any ideas…). Technology has made it easier to copy, share, save, sell, and replicate content. We can …

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painting, pencils, pens

Can I trademark a catchphrase?

Overview Phrases are powerful branding tools. Some unforgettable branding campaigns include Nike’s “Just do it”; Wendy’s “Where’s the beef?”; or American Express’s “Don’t leave home without it.” For-profit and non-profit corporations derive commercial value from such phrases by making customers think of them when they hear the phrase. For example, if you see the phrase, …

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