David Newhoff

The Lucky Shot May Be Quite Valuable - RightsClick Even if you don't consider yourself a professional photographer, that lucky shot can be quite valuable. Learn more.

Many photos that become popular (e.g., as memes) are valuable works not captured by pros. But that doesn't mean they aren't work protecting. rightsclick.com/the-lucky-sh...

In Review: It’s Not Too Late for the Movies to Reject AI A dramatic week in the AI wars made it clear that the future is far from lost, and that we can't afford to fight for it on the tech community's terms.

A stunning essay by @davidehrlich.bsky.social on the devastating impact of generative AI on our artistry & spirituality, & the importance of resisting Silicon Valley’s insistence on compliance rooted in a false narrative of inevitability & “progress.”

10/10

www.indiewire.com/criticism/mo...

5 Reasons Photographers Should Build Copyright Registration into the Budget - RightsClick Building copyright registration into the budget is economical and effective. And it can protect your clients' interests, too.

#photographers and other artists who do work for clients should build #copyright registration into the budget. Here's why... rightsclick.com/5-reasons-ph...

The Courts Should Embrace the Novelty of Generative AI in Copyright Law - The Illusion of More Courts can’t stick their heads in the sand to an obvious way that a new technology might severely harm the incentive to create, just because the issue has not come up before. Indeed, it seems likely t...

"...the courts should place considerable weight in deciding whether the use at issue furthers the purpose of copyright."
illusionofmore.com/the-courts-s...

YouTube video by WeProtect Global Alliance Protect Us.

It may be tempting to ask who would fall for these types of sextortion scams. Turns out the answer is about 300 million kids worldwide. www.youtube.com/watch?v=OuH-...

America’s AI Action Plan:  Strength Through FAFO - The Illusion of More The AI Action plan released by the White House amounts to the same old FAFO when it comes to Big Tech.

illusionofmore.com/americas-ai-...

Mahmoud v. Taylor:  SCOTUS Marks Insidious Path Toward Book Bans - The Illusion of More The Supreme Court's holding in Mahmoud v. Taylor is actually a slippery path toward book banning in public schools.

There is more than one way to ban books. In Mahmoud, the Supreme Court shows one path to that end. illusionofmore.com/mahmoud-v-ta...

Too on the nose to call Trump the pro-child-trafficking president? I don't think so.

Registration Guidance for Works Made Prior to 1978 - RightsClick For works created before the current copyright law went into force in 1978, there are some things to know about registration at this stage.

For creators with older, unregistered portfolios, we wish we could make the rules easier, but at least we can try to explain them. rightsclick.com/registration...

Or squaring the bizarre claims about generations with the copyright term.

Wow! The rights attached to millions of works is not a "thicket." And why is this person allowed to teach law?

Reasons to Register with the Copyright Office - RightsClick Any work created in the United States after January 1, 1978 is automatically protected by copyright law. BUT there’s a catch. If you do not register your work with the Copyright Office, you lose key e...

In the U.S., copyright is automatic, but...
rightsclick.com/reasons-to-r...

Photographer Teri Bloom Endorses RightsClick - RightsClick A nice note from photographer Teri Bloom tells a familiar story of taking copyright control of an older portfolio.

What better way to launch our new website than with a generous endorsement by photographer and customer Teri Bloom. rightsclick.com/photographer...

Mahmoud v. Taylor:  SCOTUS Marks Insidious Path Toward Book Bans - The Illusion of More The Supreme Court's holding in Mahmoud v. Taylor is actually a slippery path toward book banning in public schools.

" More broadly, I believe Mahmoud reflects a generally biased First Amendment jurisprudence that is often too eager to conflate religious “exercise” with religious belief. The two are not the same, either legally or pragmatically."
illusionofmore.com/mahmoud-v-ta...

Spotify Publishes AI-Generated Songs From Dead Artists Without Permission "They could fix this problem. One of their talented software engineers could stop this fraudulent practice in its tracks, if they had the will to do so."

I don’t know what y’all think, but this seems kinda bad & stuff to me.

www.404media.co/spotify-publ...

Wow, so after their proposed moratorium on state AI regulation failed 99-1 in the Senate, they plan to use an executive order to accomplish the same undemocratic agenda without deliberation? The supposed party of federalism (states rights) is no more—it’s consequentialism straight down the line. 🤬

A Brand Divided: Trademark and the Legacy of Frida Kahlo - The Illusion of More The ongoing litigation over the right to control the Frida Kahlo trademarks implies two very different paths for the artist's legacy.

Managing a famous artist's legacy presents many challenges and considerations--as the battle over Frida Kahlo's trademarks reveals.
illusionofmore.com/a-brand-divi...

A Brand Divided: Trademark and the Legacy of Frida Kahlo - The Illusion of More The ongoing litigation over the right to control the Frida Kahlo trademarks implies two very different paths for the artist's legacy.

"Although Kahlo said that she frequently painted herself because she was so often alone, it is paradoxically this abundance of self-portraiture that makes her, perhaps, the most widely recognized visual artist in the world."
illusionofmore.com/a-brand-divi...

The Courts Should Embrace the Novelty of Generative AI in Copyright Law - The Illusion of More Courts can’t stick their heads in the sand to an obvious way that a new technology might severely harm the incentive to create, just because the issue has not come up before. Indeed, it seems likely t...

In a new post, @davidnewhoff.bsky.social writes, "The courts need not attempt to foresee whether #GAI will be socially beneficial or harmful but only find that in context to #copyright law, there are far more reasons to disfavor #fairuse than to favor it." illusionofmore.com/the-courts-s...

The Courts Should Embrace the Novelty of Generative AI in Copyright Law - The Illusion of More Courts can’t stick their heads in the sand to an obvious way that a new technology might severely harm the incentive to create, just because the issue has not come up before. Indeed, it seems likely t...

"In general, GAI no more adds to the productivity of copyright than the sea steadily eroding stone into an aesthetically pleasing 'natural sculpture.'”
illusionofmore.com/the-courts-s...

The Courts Should Embrace the Novelty of Generative AI in Copyright Law - The Illusion of More Courts can’t stick their heads in the sand to an obvious way that a new technology might severely harm the incentive to create, just because the issue has not come up before. Indeed, it seems likely t...

...generative AI (GAI) invokes novel copyright considerations on the basis that the technology has the potential to harm authorship itself, even where it may not harm specific works of authorship under traditional fair use analysis."
illusionofmore.com/the-courts-s...

"...the 12-page section weighing factor one, the opinion barely discusses a rationale for finding the purpose of the use transformative under any authorities."
illusionofmore.com/not-so-fast-...

D.C. Event Shines Light on Advertisers Supporting Social Media Harm to Children - The Illusion of More Parents host DC event to impress upon major brands that their ad dollars support dangerous and deadly consequences of social media for kids.

"Algorithms kill kids." It's time for advertisers to put pressure on platforms to do better--much better. illusionofmore.com/d-c-event-sh...

D.C. Event Shines Light on Advertisers Supporting Social Media Harm to Children - The Illusion of More Parents host DC event to impress upon major brands that their ad dollars support dangerous and deadly consequences of social media for kids.

Social media platforms harm kids. That's not a theory. It's time for brand advertisers to use their purchasing power to demand better. illusionofmore.com/d-c-event-sh...

illusionofmore.com/d-c-event-sh...

“The creative industries represent much of the best of what the UK and indeed humanity does. The idea of handing over its output for free is abhorrent.”
—Martin Wolf

The Great Egg Heist: 280,000 eggs disappeared from America’s top producer. Then came a ransom note. As prices skyrocketed, and egg giant Cal-Maine raked in record profits, the company was hit by one of the biggest egg thefts in history.

You think the thieves agonized over whether to steal chickens or eggs, and in what order?

@histoftech.bsky.social

www.washingtonpost.com/investigatio...

Thanks, Neil!!

"One provision of the 'big, beautiful bill' that the Senate must reject is its 10-year moratorium prohibiting state-law regulation of artificial intelligence."
thehill.com/opinion/tech...

Yes. I can think of many barriers-too many to list here-but I think the attempt will be made in certain projects, and audience response will determine what comes next.