Page 32 - The Katten Kattwalk - Summer 2025 - Issue 29
P. 32
More NEWS to KNOW
• Law360 Quotes Michael Justus on Key Copyright • Terry Green Quoted in Media About Meta’s New
Case Regarding AI Training and Fair Use Parental Controls for Teen Accounts
On February 12, a Delaware federal court Terry Green was quoted by numerous media
rejected ROSS Intelligence Inc.’s fair use outlets about enhanced parental controls rolled
defense for using copyrighted material to train out by Meta, which will enhance safety and
its artificial intelligence (AI) program in the privacy features for teen users. The update
bellwether AI copyright case, Thomson Reuters expands upon existing protections introduced in
Enterprise Centre GmbH et al. v. ROSS Intelligence September 2024, requiring parental permission
Inc. Michael Justus commented on the ruling, for users under 16 to access Instagram’s live
which is regarded as potentially influential in streaming feature. “Meta’s updates to parental
ongoing disputes over AI training. The decision controls are a welcome step toward protecting
concluded that ROSS’ use of Thomson’s content children and demonstrate that the Online Safety
was not transformative — the first fair use factor Act, alongside Ofcom’s enforcement efforts, is
— since it served a similar commercial purpose resonating with major tech companies,” Terry
as Westlaw (i.e., to develop a competing legal said. “This move by one of the online world’s
research tool). On this, Mike noted, “Because of giants marks the next chapter in the Act’s
the way factor four came out, which suggests rollout.”
that if there’s a potential market for licensing Read the full article.
training data that weighs in favor of plaintiffs, it
may turn out that factor one becomes the bigger • Summer Concert (Seizure) Season
focus in the other generative AI cases because it In this article, David Halberstadter and
won’t be nearly as clear in some instances that Commercial Litigation Associate Matthew
the uses are the same.” Messina discuss the summer concert season and
Read the full article. the counterfeit merchandise that comes with it.
Recent court decisions, including a case out of
• UK-Based Graffiti Artists Sue Vivienne the Central District of California, suggest that if
Westwood in California for Misuse of Their Tags artists want to crack down on bootleggers’ sales
This article by David Halberstadter and this summer, it may be wise to wait until the tour
Commercial Litigation Associate Asena Baran is underway and the knock-off sales have begun.
discusses a lawsuit against Vivienne Westwood For artists and promoters embarking on summer
and retailers of the brand, brought by graffiti tours who want to shut down merchandisers
and street artists Cole Smith, Reece Deardon of counterfeit concert memorabilia, specificity
and Harry Matthews, for the fashion house’s and certainty are key, even if the offenders are
allegedly unauthorized use of their tags “to lend unidentified John Does.
credibility and an air of urban cool” to its apparel. Read the full article.
The artists claim that Vivienne Westwood’s use
of their tags falsely represents their endorsement
of the fashion house to the consumer and
causes “the world to think that they are
corporate sellouts, willing to trade their artistic
independence, legacy and credibility for a quick
buck.”
Read the full article.
32 katten.com/fashionlaw
