(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson [PODCAST]
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Your AI Compliance Playbook: Case Studies in Business & Legal Risk Management
The Briefing: Another Court Gets It Right in Tattoo Copyright Dispute
The Briefing: Paramount Splashes Top Gun Maverick Copyright Lawsuit
The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)
The Briefing: Brandy Melville Doubles Down Against Redbubble
AI Update: ELVIS Act Passes, SAG-AFTRA Agree with Record Labels. FTC Non-compete Ban Analyzed By Gordon Firemark and Tamera Bennett.
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit (Podcast)
In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct...more
The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital...more
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
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
Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more
In January, Jake Lee and I wrote an article about the merits of using 17 U.S.C. § 1201 to sue video game hack developers. Importantly, § 1201 can be asserted separately from traditional copyright infringement under 17 U.S.C....more
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
In a mashup that the late pop artist Andy Warhol surely would have loved, the U.S. Court of Appeals for the Tenth Circuit has applied the Supreme Court’s 2023 decision in Andy Warhol Foundation for the Visual Arts, Inc. v....more
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
The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more
On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of...more
On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more
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
The new EU AI Act contains provisions that reach beyond EU borders that could conflict with US copyright law, among others, when proprietary datasets are used for AI training. Therefore, US companies doing business in Europe...more
The Beijing Internet Court (BIC) recently recognized copyright protection in artificial intelligence (AI) generated images, ruling that the images met the requirements of originality and reflected a human's intellectual...more
On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to...more
Copyright Office Rejects Application for AI-Generated Work Based on a Photograph -- On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with...more
The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI. Andersen et al. v. Stability AI Ltd. As we have...more
In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship...more
A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”),...more
Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale...more
Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case - On Monday, a district court largely granted the defendants’ motions to dismiss in Andersen et al. v. Stability AI et al., one of a series of...more
The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more
You are likely already familiar with two US recent decisions that have addressed the copyrightability of AI-generated works: (a) On August 18, 2023, the United States District Court for the District of Columbia ruled in...more
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