It's more than an artistic decision when a coffee shop's ad features a simple photo of coffee with the patrons in the shop blurred in the background. Although the shop may have purchased the copyright from the photographer, that doesn't mean the shop can use people's faces in an ad. By blurring the people's images, the shop need not worry about obtaining consents. On the other hand, since a photographer owns the copyrights in photos they take, even a person who is featured in the photo can't post or copy it without consent. Read our newest article to learn about these and other pitfalls individuals, businesses, and music groups may face when they post photos on social media or use them in promotional materials.

People are naturally optimistic when starting a new business relationship or band -- that’s the way it should be. Most people may not have to deal with talented squirrels, but the hard reality is that all relationships changes over time. By working with an experienced attorney who can ask the hard questions at the beginning of a relationship and help develop a solid agreement that can help future-proof the relationship through its successes and challenges.

For most of us, ASAP means to hurry up and rush to completion. In contrast, Cage's organ composition ASLSP means "as slow as possible," which has been taken to an extreme with a performance on the Halberstadt organ will last 639 years. Yet, extremes are rarely the best option. Moving too quickly can leave important questions unanswered. Moving too slowly can turn a useful project into an academic exercise. Attorneys face a similar dilemma when preparing contracts. Contracts aren't one-size-fits-all; they must be customized for each situation and relationship, and finding the amount of detail that's "just right" is what turns contract drafting from a science that can use a form or be performed by AI into an art that requires human input.

An episode of Peacock's Cold War era spy show, PONIES, is set at an Elton John concert in Moscow. Peacock worked closely with Elton John's representatives and used his persona with permission, and everyone knows there is an actor impersonating Elton John. However, the same isn't true with AI generated images. AI is a valuable tool that can speed up many business processes, including speeding up the process of creating images for marketing materials. However, there's no transparency regarding the source of AI-generated images, and when those images resemble an actual individual, it raises right of publicity and copyright concerns. Read our article to learn about these legal concerns, what state laws apply when AI uses someone's image without authorization, and how the NO FAKES Act would create a national standard in this quickly developing area.

The NO FAKES Act, which recently cleared the Senate Judiciary Committee, would be a valuable tool in artists’ arsenal against AI replicas. However, the bill still must pass several hurdles before it becomes law. For now, except in the few states like Tennessee that have laws expressly prohibiting digital “clones,” artists need to continue to rely on state right-of-publicity laws, contract language, copyright and trademark claims, and platform takedown procedures.

Artful contract drafting is best thought of as relationship design. The strongest contract is not the most one-sided, but rather, is one that considers both parties’ needs and goals and makes the relationship work.