USA Law and Practice Contributed by: Keith Medansky, Tamar Duvdevani, Michael Geller, Aislinn Smalling and Kristina Fernandez Mabrie, DLA Piper LLP
which require human selection, editing and other creative inputs. The US is still seeing how two recent Supreme Court decisions, Warhol and Jack Daniel’s , impact fair use defences in copyright and trade mark law, including when it comes to AI. We are starting to see the impact of these cases in lower court decisions. 12.2 Trade Mark and Copyright Use on the Internet The Digital Millennium Copyright Act (DMCA) created the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material. Section 512 of the DMCA shields online service providers from monetary liability and limits other forms of liability for infringement – referred to as safe har - bours – in exchange for taking down infringing content after notice.
The Lanham Act creates a cause of action for cybersquatting which arises when a person uses (or “registers” or “traffics in”), in bad faith and with the intent to profit, a domain name that is identical or confusingly similar to a trade mark owned by another (1999 Anticybersquatting Consumer Protection Act, 15 USC § 1125(d)).
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