By , January 06, 2023.

The Year in Copyright: 2022 Gives Creators Hope for the Future — Kicking things off in 2023, we start with this wrap-up of 2022 U.S. copyright developments from Devlin Hartline. Andy Warhol Foundation v. Goldsmith, copyright and artificial intelligence, and misguided attempts by states to encroach into Congress’s exclusive domain of copyright law.

Copyright Cases in 2022: A Year in Review — We also have Kevin Madigan taking a look at some of the U.S. case law highlights from 2022. Personal jurisdiction for foreign pirate sites, embedding and the server test, and the constitutionality of Section 1201 are just some of the interesting issues that U.S. courts confronted over the past year.

Parody under copyright and trade mark law: key guidance from Zorro .. and the Italian Supreme Court — Eleonora Rosati writes, “Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression. In delivering its new judgment in the long-running (15+ years and counting!) legal battle over the character of Zorro, the Supreme Court has provided important guidance on the requirements and limits of parody under both copyright and trade mark law.”

Judge rules in favor of Ford on AirPro contract, copyright, trademark violations — “As for siding with Ford on copyright infringement, Steeh wrote ‘each time AirPro installed Ford’s copyrighted software, it made a new copy.’ meaning ‘every installation of the Ford Diagnostic Software contrary to the terms of the EULA is an impermissible reproduction prohibited under the Copyright Act. . . . AirPro’s release-and-reuse tactic is a transfer of the software that violates Ford’s copyright by exceeding the scope of the EULA. 17 U.S.C. § 106(3). AirPro’s actions in purchasing short-term licenses in the names of their customers, loading the software on the scan tool, using the software to perform diagnostic services, and then blocking its customers from accessing the software is also a violation of § 106(3).'”

Midjourney founder basically admits to copyright breaching and artists are angry — “In an interview with Forbes back in September, David Holz, the founder of Midjourney – a powerful generator that uses the platform Discord and its chat servers to deliver images – admitted that open and published data sets are used to train the platforms AI generators and contains work from artists at all levels without their approval or consent, and with no way of opting-out of having it used. “