News & Analysis as of

Class Action Copyright Infringement Copyright

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Fox Rothschild LLP

Developers’ Liability for Infringing Generative-AI Outputs

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The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it...more

Seyfarth Shaw LLP

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

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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

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024

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The National Football League must pay more than $4.7 billion in class-action damages for overcharging subscribers of its “Sunday Ticket” telecasts, a California federal jury said on Thursday....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #4

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Under Armour on Friday said it has agreed to pay $434 million to settle a 2017 class action lawsuit accusing the sports apparel maker of defrauding shareholders about its revenue growth in order to meet Wall Street forecasts....more

Benesch

AI Reporter - June 2024

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In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress...more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

Epstein Becker & Green

Matters of Time - SCOTUS Today

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The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this...more

Weintraub Tobin

Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

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OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging...more

Sheppard Mullin Richter & Hampton LLP

Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed 

A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Wiley Rein LLP

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

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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

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

BakerHostetler

AD-ttorneys@law - August 2023 #2

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“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more

Weintraub Tobin

No CTRL-ALT-DEL in the 9th Circuit for the Server Test

Weintraub Tobin on

It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, questioned the scope and validity of the Server Test, a copyright doctrine that was established...more

Bradley Arant Boult Cummings LLP

No Laughing Matter: Comedian Sarah Silverman Sues Meta Platforms and OpenAI for Copyright Infringement

Comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden recently filed class-action lawsuits against Meta Platforms (parent company of Facebook) and ChatGPT maker OpenAI (backed by Microsoft Corp.) for...more

Dorsey & Whitney LLP

Artists v. AI Images

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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

McGuireWoods LLP

Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members

McGuireWoods LLP on

In Lowery v. Rhapsody International, Inc., —F.4th—, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys’ fees to class counsel that was more than thirty times the amount...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Sheppard Mullin Richter & Hampton LLP

Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes...more

Proskauer Rose LLP

Three Point Shot - March 2023

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Hockey Memorabilia Maker’s Infringement Lawsuit against Competitor Melts Away - William Grondin (“Grondin” or “Plaintiff”), a creator and seller of hockey memorabilia, recently found himself iced out of the scope of...more

Amundsen Davis LLC

AI Under Attack Again for Copyright Infringement

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On the heels of a class action lawsuit filed by visual artists against Stability AI and others, alleging copyright infringement by image-generating web sites, Getty Images (US) Inc. has filed its own lawsuit against Stability...more

Venable LLP

Generative AI - Copyright Overview Part 1

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Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Amundsen Davis LLC

Artists Challenge AI Alleging Copyright Violations

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Artificial Intelligence is rapidly changing the creative landscape. ChatGPT and other text generators can churn out realistic poems, essays, white papers, and other pieces of prose in response to simple commands or...more

BakerHostetler

AD-ttorneys@law - December 2022

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TTAB Emancipates “Queen of Christmas” from Mimi - Mariah Carey lets mark registration go unchallenged - Breakdown - Mariah Carey takes a lot of guff for...strange behavior. We won’t review the stories here; poring...more

Weintraub Tobin

Is The Server Test Ready for a Reboot?

Weintraub Tobin on

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

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