News & Analysis as of

Copyrightable Subject Matter Copyright Infringement

Venable LLP

New York District Court Confirms Limits of Copyright Protection Regarding Historical Events

Venable LLP on

On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection....more

Bradley Arant Boult Cummings LLP

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for...

Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the...more

Dorsey & Whitney LLP

What Makes an AI Generated Work “Original”?

Dorsey & Whitney LLP on

The emergence of generative artificial intelligence (AI) products in the past couple of years has significantly increased the capacity for individuals, businesses, and organisations to utilise AI to produce a wide range of...more

Troutman Pepper Locke

Who Owns Creativity? — AI in Entertainment

Troutman Pepper Locke on

The use of artificial intelligence (AI) in the film and television industry in content creation raises many legal and business issues. One key issue is the ownership of the works generated using AI and the ability to register...more

Whiteford

Client Alert: Can Works Made with Generative AI be Copyrighted?

Whiteford on

In response to the increased use of sophisticated artificial intelligence (“AI”) technologies capable of producing expressive material, the U.S. Copyright Office (“CO”) published a two-part series on the copyrightability of...more

Davis Wright Tremaine LLP

Thomson Reuters v. Ross Intelligence: Copyright, Fair Use, and AI (Round One)

Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross...more

Ballard Spahr LLP

Court Issues First Decision on AI and Fair Use

Ballard Spahr LLP on

Recently, a federal court issued the first ruling on the closely watched issue of fair use in copyright infringement involving AI. The court ruled in favor of the plaintiff on its direct infringement claim, and ruled that the...more

McDermott Will & Emery

Canadian Legal Code? Copying Foreign Law Can’t Infringe Copyright Under US Law

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024)...more

Dorsey & Whitney LLP

Yes, Copyright Can Protect Monstrous Mountains

Dorsey & Whitney LLP on

Typically, Godzilla and other kaiju (Japanese for “strange beast” and also referring to a genre of fiction involving giant monsters) use their armored skin, massive size, and superpowers to protect themselves against almost...more

McDermott Will & Emery

So You Wanna Play with Copyright? “Joyful Noise” Ostinato Isn’t Original Expression

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s order vacating a jury award of damages for copyright infringement and granting judgment as a matter of law, explaining that the musical work alleged to...more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal...

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more

Sunstein LLP

Supreme Court Denies Copyright Enforcement to State Legislature

Sunstein LLP on

In Georgia v. Public.Resource.Org, decided by the Supreme Court on April 27, the principle at stake was whether, under the copyright law, a state legislature can have the rights of an “author” in publishing an annotated...more

Knobbe Martens

Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea

Knobbe Martens on

Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US - Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida. Summary: A useful article is not copyrightable...more

Brownstein Hyatt Farber Schreck

U.S. Supreme Court: States Cannot Copyright Legal Code Annotations

On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 decision that the annotations found in Georgia’s official state law code—Official Code of Georgia Annotated (OCGA)—are ineligible for copyright protection. Georgia et...more

WilmerHale

Supreme Court Expands the Government Edicts Doctrine to Legislators

WilmerHale on

The law – judicial opinions, statutes, and regulations – cannot be copyrighted. In Georgia v. Public.Resource.Org, Inc., No.18-1150 (April 21, 2020), the US Supreme Court was presented with the question whether annotations,...more

Foley Hoag LLP - Making Your Mark

Georgia On Our Minds: Annotations Authored by Legislators Not Eligible for Copyright Protection

On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. Public.Resource.Org, Inc., referring us back to its very first copyright case and revisiting the government edicts doctrine for...more

Snell & Wilmer

If No One Owns the Law, Who Owns the Statutory Annotations?

Snell & Wilmer on

Last week, the Supreme Court held in Georgia v. Public.Resource.Org, Inc., that legislators cannot copyright any works that they created in the course of their official duties. Though the holding may appear straightforward...more

Troutman Pepper Locke

SCOTUS Holds that Annotations to Georgia Code Are Not Copyrightable

Troutman Pepper Locke on

On April 27, 2020, the United States Supreme Court held that annotations in the State of Georgia’s official codes are not eligible for copyright protection. The 5-4 decision marked the first time in over a century that the...more

Jones Day

U.S. Supreme Court Rejects Georgia’s Copyright in Annotated Statutory Codes - The holding will impact states and publishing...

Jones Day on

Revisiting the government edicts doctrine for the first time in more than a century, the U.S. Supreme Court in Georgia v. Public.Resource.Org, Inc., No. 18–1150, 590 U.S. ___ (2020), split 5-4 to hold that annotations to...more

Akerman LLP - Marks, Works & Secrets

States Cannot Copyright Annotated Versions of Legal Codes

On April 27, 2020, the United States Supreme Court held, in Georgia et al. v. Public.Resource.Org., Inc., in a 5-4 decision, that copyright law does not protect annotations contained in the official annotated compilation of...more

Womble Bond Dickinson

Georgia’s Loss is the Public’s Gain: Supreme Court Says States May Not Copyright Legal Codes

Womble Bond Dickinson on

The US Supreme Court ruled that state governments may not copyright annotated versions of their state’s legal code, saying that as a government edict, such information must be freely available to the public. The Court’s 5-4...more

BakerHostetler

‘No One Can Own the Law’: Supreme Court Holds Annotations to State Statutes Are Not Protected by Copyright

BakerHostetler on

The Supreme Court issued a 5-4 decision on April 27, 2020, in Georgia v. Public.Resource.Org, upholding the Eleventh Circuit’s ruling that the Official Code of Georgia Annotated (OCGA) is not entitled to copyright protection....more

McDermott Will & Emery

Official Statute Annotations Are Not Copyrightable

In a split decision, the Supreme Court of the United States in Georgia v. Public.Resource.Org, Inc. affirmed a previous ruling by the US Court of Appeals for the 11th Circuit and held that annotations to the Official Code of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Rules Georgia Cannot Copyright Explanatory Annotations to Legislative Materials

On April 27, 2020,  the U.S. Supreme Court extended limits on the states’ ability to claim copyright protection over legislative materials and, specifically, over explanatory annotations added to legislative materials. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Rejects Attempt To Copyright Annotated Version of State Laws

On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 vote in Georgia v. Public.Resource.Org, Inc., 590 U.S. ____, that pursuant to the “government edicts” doctrine, annotations to Georgia’s state code could not be...more

63 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide