News & Analysis as of

Motion to Dismiss Copyright

Houston Harbaugh, P.C.

Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

Houston Harbaugh, P.C. on

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

Seyfarth Shaw LLP

Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit

Seyfarth Shaw LLP on

Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more

Sheppard Mullin Richter & Hampton LLP

Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more

Sunstein LLP

The Overlooked Claim of The New York Times v. OpenAI: Harm to Copyright Management Information

Sunstein LLP on

The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1988 to provide solutions for the strained relationship between the internet and copyright law. It focused on protecting copyright owners whose works were...more

Sheppard Mullin Richter & Hampton LLP

Jobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on AI-Created Database

We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Response to Microsoft's Motion to Dismiss: An LLM Is Not a VCR

As discussed in our earlier post, Microsoft opened its motion to dismiss portions of the New York Times's OpenAI case pled against it with an extended analogy to the Betamax case.  It argued that the Times was acting like the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Calls Out OpenAI on Its Motion to Dismiss

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more

McDonnell Boehnen Hulbert & Berghoff LLP

Microsoft's Motion to Dismiss NY Times Lawsuit over ChatGPT: How is ChatGPT Like a VCR?

Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT.  While raising some of the same arguments, Microsoft takes a more traditional path with...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

Willcox & Savage on

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

McDonnell Boehnen Hulbert & Berghoff LLP

OpenAI's Motion to Dismiss NY Times Lawsuit over ChatGPT: Do They Want to Win or Influence Public Opinion?

In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the...more

Foley Hoag LLP - Making Your Mark

How Original! The Oscars and the Craft of Derivative Works

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn...more

Farella Braun + Martel LLP

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Grants Motion To Dismiss in Kadrey AI Training Data Case

Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more

Troutman Pepper

Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward

Troutman Pepper on

In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more

Bradley Arant Boult Cummings LLP

From Punchlines to Plaintiffs: Meta Platforms and Open AI File Motions to Dismiss Comedian Sarah Silverman’s Copyright...

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher...more

McDermott Will & Emery

Change in Law Leading to Case Dismissal Doesn’t Preclude Attorneys’ Fees

McDermott Will & Emery on

Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more

McDermott Will & Emery

A Textbook Example: Single Online Sale Does Not a Minimum Contact Make

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s grant of a motion to dismiss for lack of personal jurisdiction, finding that a single online sale did not establish minimum contacts to support...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

Vondran Legal on

There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

Dorsey & Whitney LLP

Artists v. AI Images

Dorsey & Whitney LLP on

AI technology is developing at a tremendous pace and AI image creation is no exception. AI images are even winning art contests. Since AI generates artistic images modeling others’ work, human artists are asking “is it...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun...

Weintraub Tobin on

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo...more

Weintraub Tobin

The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

Weintraub Tobin on

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo...more

Weintraub Tobin

The Briefing by the IP Law Blog: Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’ ...more

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