News & Analysis as of

Intellectual Property Protection Copyright Litigation

Robinson+Cole Data Privacy + Security Insider

Artists’ Copyright Infringement Suit Against AI Companies Can Proceed

In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright...more

McDermott Will & Emery

If Provider Knew Product Would Be Used to Infringe, It Is a Contributor

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In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider,...more

McDermott Will & Emery

Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

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In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party...more

Hogan Lovells

Is cheating copyright infringement? CJEU clarifies specific protection of computer programs

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In its recent judgment in Sony Interactive Entertainment v. Datel, the CJEU ruled on the specific copyright protection of computer programs under Directive 2009/24/EC (Case C‑159/23). The CJEU found that while “cheating...more

Weintraub Tobin

The Briefing: New California Laws for Digital Replicas Both Live and Dead

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California recently passed two new AI laws that aim to protect individuals from the unauthorized creation of digital replicas. Scott Hervey and James Kachmar discuss these laws and their implications for the media industry on...more

Weintraub Tobin

(Podcast) The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit

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Donald Trump is facing another lawsuit from a musician who objects to the use of their music at campaign events and rallies. Scott Hervey and Jamie Lincenberg discuss this latest challenge on this episode of The Briefing....more

Weintraub Tobin

The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit

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Donald Trump is facing another lawsuit from a musician who objects to the use of their music at campaign events and rallies. Scott Hervey and Jamie Lincenberg discuss this latest challenge on this episode of The Briefing....more

Vedder Price

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

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Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice...more

Weintraub Tobin

(Podcast) The Briefing: “Hold On” – You Can’t Use That Music in Your Presidential Campaign

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The estate of the late singer and songwriter Isaac Hayes sued former President Donald Trump for using one of his songs at campaign events and rallies. Scott Hervey and Tara Sattler discuss this case in this installment of The...more

Weintraub Tobin

The Briefing: “Hold On” – You Can’t Use That Music in Your Presidential Campaign

Weintraub Tobin on

The estate of the late singer and songwriter Isaac Hayes sued former President Donald Trump for using one of his songs at campaign events and rallies. Scott Hervey and Tara Sattler discuss this case in this installment of The...more

McDermott Will & Emery

Creative License: Fair Use Defense Paints Over Infringement Battle

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Affirming the application of the fair use defense to copyright infringement, the US Court of Appeals for the Fifth Circuit determined that a district court’s sua sponte invocation of a fair use defense to parallel trademark...more

Irwin IP LLP

Internet Archive’s Free E-Book Lending Not Fair Use

Irwin IP LLP on

Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library...more

Weintraub Tobin

(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?

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The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on...more

Weintraub Tobin

The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?

Weintraub Tobin on

The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on...more

McDermott Will & Emery

Even Free Libraries Come With a Cost

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The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

McDermott Will & Emery

Arguing Internet Availability to Establish Copyright Infringement Is Bananas

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In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s decision finding that a pro se Californian artist failed to establish that an Italian artist had reasonable opportunity...more

McDermott Will & Emery

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

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In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

Troutman Pepper

How AI Cos. Can Cope With Shifting Copyright Landscape

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In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal...more

HaystackID

Ongoing Legal Battles Over AI Copyright Infringement: Implications for Tech Companies

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The ongoing legal battle between several visual artists and generative artificial intelligence (AI) platforms, including Midjourney and Stability AI, has significant implications for copyright law and its application to AI...more

AEON Law

Patent Poetry: Artists Fight Unauthorized Use of Their Music by Trump Campaign

AEON Law on

Dozens of musical artists have expressed their objections to the Trump Campaign’s use of their music at events. According to Wikipedia, at least 35 musicians have opposed Trump’s use of their music....more

Sheppard Mullin Richter & Hampton LLP

Closer to a Federal Right of Publicity – Senate Introduces NO FAKES Act

Given the introduction of the ‘NO FAKES’ Act by a bi-partisan group of senators within days of U.S. Copyright Office’s release of its digital replicas report asserting an “urgent need” for more cohesive protections at the...more

McDermott Will & Emery

Go Home: No “Prevailing Party” Status After Voluntary Dismissal Without Prejudice

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The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under...more

Foster Swift Collins & Smith

Can AI-Generated Works be Copyrighted?

With the influx of generative artificial intelligence (“AI”) tools and applications becoming readily available online, it is increasingly important to assess whether AI-generated works can obtain intellectual property...more

A&O Shearman

Overview of the U.S. copyright office’s AI digital replicas (“deepfakes”) report

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Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S....more

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

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