News & Analysis as of

Digital Millennium Copyright Act Copyright Infringement Intellectual Property Protection

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

Pollock Cohen LLP

Generative AI: Stop The Steal

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Conversations about generative artificial intelligence (AI) are making their way through offices, schools, homes, and now courtrooms. It’s so easy: simply prompt an AI bot with a few details to write or draw, and it spits out...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

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Hendershot Cowart P.C.

Using Cease-And-Desist Letters To Stop Copyright Or Trademark Infringement

Hendershot Cowart P.C. on

Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectual property rights, including copyrights and trademarks. Cease-And-Desist Letters For Copyright Or Trademark...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...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

Weintraub Tobin

The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit

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Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement...more

Weintraub Tobin

The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (Podcast)

Weintraub Tobin on

Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

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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

McDermott Will & Emery

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

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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

Vondran Legal

Viral DRM on a copyright lawsuit rampage in California

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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

Miller Canfield

Protecting Your Brand: Using DMCA Takedown Notices to Obtain Jurisdiction Over Anonymous Copycat Infringers

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A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case

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

Seyfarth Shaw LLP

What Do Michael Jordan and Sarah Silverman Have in Common? The End of AI as We Know It (According to the Makers of ChatGPT)

Seyfarth Shaw LLP on

The latest briefing in Silverman v. OpenAI reads like that old REM song, “The End of the World as We Know It.” OpenAI has responded to the Plaintiffs’ claims that OpenAI’s popular platform ChatGPT has infringed their...more

Seyfarth Shaw LLP

Famous Authors Clap Back at OpenAI’s Attempt to Dismiss Claims Regarding Unauthorized Use of Content for Training LLM Models

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As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are...more

Wiley Rein LLP

AI and Copyright Law: Understanding the Challenges

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Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more

AEON Law

Patent Poetry: Amazon Sues over False Copyright Infringement Claims

AEON Law on

Amazon’s Counterfeit Crimes Unit (CCU) has filed three lawsuits over false copyright infringement claims on the platform. As Amazon reported, “multiple bad actors” submitted thousands of false copyright infringement claims...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

Vondran Legal

Ansys goes BIG with Texas lawsuit against 213 John Doe Defendants

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We have already seen one MASS SOFTWARE PIRACY case filed this year by Siemens, and now on the heels of that lawsuit (also filed in Texas) there is another lawsuit filed by Ansys, Inc. filed by the Law Offices of John F. Lumen...more

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

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