The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (Podcast)
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
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Internet Service Providers
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner
Podcast: The Briefing by the IP Law Blog - Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
The Briefing by the IP Law Blog: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
Instapundit: America's IP Laws Need to be "Pruned Back"
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
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
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
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
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
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
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
The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more
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
I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more
The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s...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
A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components,...more
A proposed rule at the Copyright Office seeks to expand the exemptions available under Section 1201 of the Digital Millennium Copyright Act (DMCA) to give those conducting research into the operation of AI systems an...more
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more
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
Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review - A key feature of the 1998 Digital Millenium Copyright Act (DMCA) is its prohibition of circumventing access controls that have been...more
On August 30, the U.S. Copyright Office issued a Notice of Inquiry on Copyright and Artificial Intelligence. The goal of the Notice of Inquiry is to further inform the Office’s study of AI and to evaluate whether legislative...more
On June 9, 2022, Sens. Patrick Leahy (D-Vt.) and Thom Tillis (R-N.C.) sent a letter to the directors of the U.S. Patent and Trademark Office (PTO) and the U.S. Copyright Office requesting a study of intellectual property (IP)...more
Businesses regularly lose revenue because of inadequate online brand enforcement. At the same time, online marketplace consumers regularly purchase counterfeit products without ever knowing that they purchased a fake. Sales...more
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s new exemptions to the DMCA....more
The U.S. Copyright Office (“USCO”) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (“DMCA”)’s rules governing access to devices and software, which includes automobiles...more
The Consolidated Appropriations Act which came into existence on December 27, 2020 incorporates the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”) which established the new Copyright Claims Board...more
Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more
On December 27, 2020, the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) was signed into law as part of the COVID-19 stimulus relief and government-funding bill. The CASE Act revises the Copyright Act, 17...more