The Briefing by the IP Law Blog: Copyright Office Issues Guidance for Works Containing Material Generated by AI
Podcast: The Briefing by the IP Law Blog - Copyright Office Goes After Registration Issued to AI-Created Graphic Novel
The Briefing by the IP Law Blog: Copyright Office Goes After Registration Issued to AI-Created Graphic Novel
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Copyrights - Small Claims Process at the Copyright Office
Podcast: The Briefing by the IP Law Blog - Copyright Office Rejects Application for A.I. Created Art Work
The Briefing by the IP Law Blog: Copyright Office Rejects Application for A.I. Created Art Work
Podcast: The Briefing from the IP Law Blog - The Right to Repair and More New Exemptions
The Briefing from the IP Law Blog – DMCA: The Right to Repair and More new Exemptions
The Second Circuit recently decided Structured Asset Sales, LLC v. Edward Christopher Sheeran, considering whether Sheeran’s hit song “Thinking Out Loud” infringed the copyright of Marvin Gaye’s 1973 classic “Let’s Get It...more
The U.S. Copyright Office is tackling the issue of digital replicas -- videos, pictures or audio recordings digitally created or manipulated to falsely depict an individual – and is calling on Congress to pass a federal law...more
In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). ...more
With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more
New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI...more
On November 1, 2023, in a first-of-its kind decision, the Ninth Circuit revived a copyright lawsuit based on dance choreography. Hanagmi v. Epic Games pitted Viral celebrity choreographer Kyle Hanagami against Epic Games,...more
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
In Short - The Background: Generative artificial intelligence ("GenAI") tools allow individuals to readily generate content, including works that traditionally would be copyrightable if authored by a human being, such as...more
17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more
A federal district court in California has dismissed a choreographer’s claims against Epic Games Inc. based on dance moves in Epic’s Fortnite video game. Plaintiff Kyle Hanagami is a professional choreographer and dance...more
As we wrote about in this blog back in early 2021, the COVID-19 stimulus relief and government-funding bill signed into law in December created a new “small claims court” for small-scale copyright disputes....more
As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time;...more
Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the...more
Earlier this month, the Supreme Court granted Unicolors' request for review of the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (9th Circ. 2020). According to Unicolors, the Ninth Circuit’s...more
The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more
A copyright claimant may commence an infringement suit when the Copyright Office registers a copyright. See Fourth Est. Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 885, 203 L. Ed. 2d 147 (2019); 17 U.S.C. §...more
Because copyright applications are not substantively examined, unlike patent and trademark applications, obtaining a copyright registration is typically viewed as relatively easy. Indeed, only a minority of copyright...more
In October 2019, professional photographer Michele Eve Sandberg filed a complaint against musical trio Jonas Brothers (both as an entity and as individuals) for unauthorized use of photos Sandberg snapped of the band during...more
In many ways, copyright jurisprudence in 2019 was a study in contrasts. While certain cases represented a “back to basics” approach, answering fundamental questions such as “When can a copyright owner sue for copyright...more
Most of us have at least a basic understanding of the laws that impact our daily lives. We understand, for example, that drivers are supposed to carry vehicle insurance and that they shouldn’t run a red light. We might be...more
Section 411(a) of the Copyright Act provides that “no civil action for infringement of . . . copyright . . . shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” A...more
Copyright litigants should take note of the pair of unanimous decisions handed down by the Supreme Court on Monday: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 LEXIS 1730 (Mar. 4, 2019), and...more
A demand letter is a formal way of telling someone, “now we got bad blood.” Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger. In so many words, the blogger...more
Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded that four siblings could use their right to terminate the transfer their...more
When are clothing designs sufficiently severable from the utilitarian aspects of the clothing so that the designs can be protected by copyright? That is a question courts have wrestled with for years, and the Sixth Circuit...more