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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based...more

Fourth Circuit Opens Door to Future ISP Defenses in Vacating $1 Billion Copyright Judgment Against Cox Communications

On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more

The “Wild West” of AI Use In Campaigns [Audio]

As the tide turns toward another election cycle, the explosion of artificial intelligence (AI) raises alarms in the campaign space. Wiley Election Law partner Caleb Burns moderates a discussion with fellow Election Law...more

U.S. Copyright Office Seeks Comment on AI and Copyright Issues in Recent Notice of Inquiry

On August 30, 2023, the U.S. Copyright Office released a Notice of Inquiry (NOI) seeking comment on the copyright law and policy issues implicated by artificial intelligence (AI) systems. Businesses whose content or...more

Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Copyright Fair Use Purpose and Character: SCOTUS Says Transformation Alone Isn’t Enough

On May 18, 2023, the U.S. Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The 7-2 opinion came in a case involving Andy Warhol’s transformation of a photograph of...more

Ninth Circuit Recognizes ‘Catch All’ Jurisdiction Over Foreign-Based Internet IP Infringers

In a decision that continues a trend of courts recognizing expansive jurisdiction over persons and entities engaging in intellectual property infringement through the internet, the U.S. Court of Appeals for the Ninth Circuit...more

Supreme Court Determines Copying of Software API Can Constitute Fair Use

On April 5, 2021, the U.S. Supreme Court issued its much-awaited decision in Google LLC v. Oracle America Inc. (No. 18-956), finding that Google’s use of software code was fair use under the U.S. Copyright Act. The Supreme...more

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