Hermès International and artist Mason Rothschild are fighting over rights. The trial is set to start in January 2023. The US district court for the Southern District of New York denied Rothschild’s motion to dismiss but decided Rogers The test was implemented. The US District Court for the Central District of California ruled in another case.
The trial exemption was not applicable because RR/BAYC’s images do not constitute expressive artistic works because they are exact copies of Bored Ape images of the era. The scope of protection for Age Bored Ape images will be an important precedent in the virtual landscape of how courts interpret the nature of pictures created partially or wholly by AI
Rips’ other counterclaim addresses the question of whether Plaintiff Yug Yug holds copyright in the Bored App images that it sold and no longer owned. Similar cases will help set some parameters and guideposts, but other issues remain to be resolved.
