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Do ‘Blade Runner 2049’ Producers Have a Case Against Musk and Tesla Over AI Image? Legal Experts Weigh In


Legal experts weigh in on Alcon's 'Blade Runner 2049' lawsuit against Elon Musk and Tesla alleging copyright infringement and false endorsement.

The claims of copyright infringement come down to whether a court (or a jury) finds that the “Blade Runner 2049” image at the core of Alcon’s argument is “substantially similar” to the one Musk used in his Tesla presentation, said Avery Williams, principal at McKool Smith and chair of the law firm’s trade-secret practice. In a 2-1 decision, the court concluded that “the works at issue here are as a matter of law not substantially similar” and that the choices that went into creating Nike’s Jumpman “produced an image that differs from Rentmeester’s photo in more than just minor details.” It could also be the case that Alcon, backed by FedEx founder Frederick W. Smith, was primarily trying to make a political statement with the lawsuit — similar the way many musicians have demand Donald Trump cease using their songs at his campaign rallies.

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