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Digital Millennium Copyright Act

McDermott Will & Emery

Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows

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The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted...more

Snell & Wilmer

Church Founder’s Works Not “Works for Hire” Even Though Founder Was Employee

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Keith Rhinehart started the Aquarian Foundation church in 1955, with a mission to study “Modern Spiritualism, Christianity, Eastern and Metaphysical Thought.” Bruce Lowndes joined the church in the 1970s and grew close with...more

Clark Hill PLC

The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

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Can you protect a personal “aesthetic” or “vibe?” Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the...more

International Lawyers Network

Is There Liability for Removing or Altering Copyright Management Information from a Copyrighted Work?

Suppose you have uncovered a copyrighted work from another that contains copyright management information such as a copyright notice. However, you want to remove or alter this copyright management information. Should you...more

McDermott Will & Emery

Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

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The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo,...more

Kerr Russell

Is It Really Illegal for Me to Repair My Own Machines?

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In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's AI Patent And Copyright Developments

Artificial intelligence dominated this year's emerging technology updates from the U.S. Patent and Trademark Office and the U.S. Copyright Office. These agencies, among many others, were kept quite busy under the directives...more

DLA Piper

Mark It: 6 Big Trademark, Copyright, and Advertising Trends We are Watching for 2025

DLA Piper on

An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging...more

Baker Botts L.L.P.

Defending "Sad Beige": When Imitation is Not Flattery

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In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more

Kohrman Jackson & Krantz LLP

We All Scream for Ice Cream: DMCA Exemption Enables Repairs of McDonald’s Ice Cream Machines

A new exemption to the Digital Millennium Copyright Act (DMCA) allows McDonald’s employees, franchise owners, and others to fix McDonald’s often out-of-order ice cream machines. Prior to this exemption, most McDonald’s ice...more

ArentFox Schiff

SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

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In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - December 2024 #3

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Front Row Motorsports, one of two teams suing NASCAR in federal court, accused the stock car series Thursday of rejecting the planned purchase of a valuable charter unless the lawsuit was dropped....more

Ropes & Gray LLP

An End-of-Year Update to the Current State of AI Related Copyright Litigation

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In April 2024, we published a summary of the then current state of artificial intelligence (“AI”)-related copyright litigation. Since that publication, new theories for complaints and defenses have emerged in this space. As...more

Skadden, Arps, Slate, Meagher & Flom LLP

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Bond Schoeneck & King PLLC

No Harm, No Standing (For Now): DMCA Violation Claims Against OpenAI Dismissed

A New York Federal Court Judge recently dismissed a copyright lawsuit brought by two news outlets: Raw Story Media Inc. and AlterNet Media Inc. for lack of standing. The dismissed complaint alleged OpenAI’s use of Raw...more

Sheppard Mullin Richter & Hampton LLP

Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more

Irwin IP LLP

The McFlurry is Not McBroken Anymore!

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U.S. Copyright Office, Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 89 Fed. Reg. 42 (Oct. 28, 2024) - If you ever wondered why it seemed like McDonald’s...more

Sheppard Mullin Richter & Hampton LLP

Court Dismisses AI Scraping Claim, But Grants Leave to Amend

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more

McDermott Will & Emery

Final Rule on DMCA Grants Circumvention Exemptions

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On October 25, 2024, the Librarian of Congress Carla Hayden adopted a final rule granting exemptions to a Digital Millennium Copyright Act (DMCA) provision that prohibits circumvention of technological measures that control...more

McDermott Will & Emery

Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

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In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party...more

Venable LLP

DMCA Question Certified for Appellate Court in Action Involving Artificial Intelligence

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On September 27, 2024, in J. Doe 1 v. Github, Inc., 22-cv-06823-JST, the U.S. District Court for the Northern District of California certified an order dismissing Plaintiffs' claims under Section 1202(b) of the Digital...more

Arnall Golden Gregory LLP

The Pitch - September 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Kaufman & Canoles

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

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

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