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Copyright Infringement Digital Millennium Copyright Act Copyright Litigation

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Baker Donelson

The Fast-Moving Race Between Gen-AI and Copyright Law

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With the emergence of generative artificial intelligence (AI) platforms such as ChatGPT and Google Gemini, the widespread use of copyrighted works to train the software systems behind these programs is raising pressing legal...more

Sunstein LLP

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

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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

McDermott Will & Emery

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

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In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

Seyfarth Shaw LLP

Glimmer of Hope? Judge Suggests Some Claims in AI Image Case May Survive

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We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard...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

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

AEON Law

Patent Poetry: Fourth Circuit Overturns $1 Billion Copyright Infringement Verdict

AEON Law on

The Fourth Circuit has overturned a $1 billion verdict in a copyright case against Cox Communications. As the court explained, Defendant Cox Communications sells internet, telephone, and cable television service to 6...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

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

McDermott Will & Emery

Yo-Ho-No Vicarious Liability for Online Piracy Without Financial Benefit

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Case against OpenAI is Different. Here's Why.

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more

Vondran Legal

Viral DRM on a copyright lawsuit rampage in California

Vondran Legal on

Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...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

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

AEON Law on

Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

Locke Lord LLP

Copyright Small Claims Court: A New (Limited) Way to Enforce Copyrights

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Good news for copyright holders – there is now a less costly alternative to enforcing certain ‎copyrights in the form of a copyright-only small claims court.‎...more

Dorsey & Whitney LLP

Copyrights, Metadata, and the “Double-Scienter Requirement” in the Eleventh Circuit

Dorsey & Whitney LLP on

Last month, the Court of Appeals for the Eleventh Circuit weighed in for the first time on the scienter requirement for copyright infringement under Section 1202(b) of the Digital Millennium Copyright Act or “DMCA.” In Victor...more

McAfee & Taft

Copyright Claims Board — Small but mighty?

McAfee & Taft on

As you’ve read in this space before, copyright law can be hard to navigate. Because copyright infringement is a strict liability tort, copying someone else’s material can lead to much more serious consequences than when you...more

Mayer Brown

Developments in Copyright Law Affecting Tech Transactions

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This episode focuses on an IP right at the heart of many technology deals—copyrights. Mayer Brown partners Richard Assmus and Oliver Yaros and host Julian Dibbell will discuss some recent important changes in US and European...more

Venable LLP

Nonprofit Organizations Beware: Is This a Legitimate Copyright Infringement Takedown Notice or a Phishing Scam?

Venable LLP on

Nonprofits should be aware of a troubling trend: phishing emails disguised as legitimate Digital Millennium Copyright Act (DMCA) Takedown Notices. Hackers use this ruse to grab your attention by accusing you of violating the...more

Fenwick & West LLP

Important New Exemptions to the Copyright Law’s Anti-circumvention Provisions

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Nearly 25 years ago, the Digital Millennium Copyright Act was added to the Copyright Act. Among its provisions were “paracopyright” measures extending protection in areas well beyond that of traditional copyright law. One...more

Fenwick & West LLP

Sweeping Changes Proposed to the DMCA’s Notice-and-Takedown System

Fenwick & West LLP on

On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of 2021 (DCA) that would make sweeping...more

Jaburg Wilk

What Do I Do If My Copyrights Are Being Infringed?

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If someone has copied or reproduced your book, article, blog, artwork, photograph or other copyright-protected works without your permission, you have several options. Before using any of these options, be sure that you...more

Dorsey & Whitney LLP

Nintendo Commences Legal Battle Against Real World Bowser

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Any fan of Nintendo games and consoles can tell you that the company’s most iconic virtual villain is King Bowser Koopa, generally referred to as simply “Bowser.” In a strange instance of life imitating art, Nintendo filed a...more

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