News & Analysis as of

Fair Use Copyright Intellectual Property Protection

McDermott Will & Emery

Even Free Libraries Come With a Cost

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The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

Troutman Pepper

How AI Cos. Can Cope With Shifting Copyright Landscape

Troutman Pepper on

In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal...more

HaystackID

Ongoing Legal Battles Over AI Copyright Infringement: Implications for Tech Companies

HaystackID on

The ongoing legal battle between several visual artists and generative artificial intelligence (AI) platforms, including Midjourney and Stability AI, has significant implications for copyright law and its application to AI...more

Barnea Jaffa Lande & Co.

Artificial Intelligence Platforms and Copyright law: is the Legal Belt Tightening?

The decision by a U.S. court to continue deliberating the major lawsuit filed by several visual artists against Generative Artificial Intelligence platforms could call into question how these platforms can operate without...more

Goldberg Segalla

Managing Your Company’s Risk of Copyright Infringement

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In the Internet era, every firm has a risk of copyright infringement. Employees copy and paste photos from the internet or embed social media posts to the company’s website or into a press release or news article. Images...more

Pillsbury Winthrop Shaw Pittman LLP

Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI

OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...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

McDermott Will & Emery

What Do You Meme? TFW Commercial Use Outweighs Fair Use

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in...more

Brownstein Hyatt Farber Schreck

Plaintiffs Benefit From SCOTUS Ruling There Is No Time Bar for Copyright Damages

Many companies are not strangers to receiving demand letters on behalf of copyright owners. Routine demand letters often allege that the company’s use of what it believed was a stock photo, public domain image, or music on...more

Vondran Legal

Copyright Law and BodyCam Video

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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

Kohrman Jackson & Krantz LLP

Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL

Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York...more

International Lawyers Network

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more

McDermott Will & Emery

Take Three for Take-Two: Jury Finds Implied License for Tattoos on Video-Game Avatar

A jury rejected allegations that a video-game maker’s use of tattoos in a game violated the copyright of the artist who inked them, finding the video-game maker had an implied license to depict a player’s tattoos in its...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

Dorsey & Whitney LLP on

Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

Bilzin Sumberg

What Have We Learned In The Year Since Warhol?

Bilzin Sumberg on

In May, it will have been a year since the U.S. Supreme Court decided Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith. In that case, the court held that Andy Warhol's silkscreens of the musician Prince based on a...more

Dorsey & Whitney LLP

Warhols, Tigers and Monkees, Oh My! - The Tenth Circuit Applies the Supreme Court’s Warhol Decision Against Netflix

Dorsey & Whitney LLP on

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

McDermott Will & Emery

Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

McDermott Will & Emery on

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Artist Rights Alliance letter, DALL-E model allows interactive editing, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. The Artist Rights Alliance has published an open letter asking that technology platforms “pledge...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

DRI

The Challenges of Generative Artificial Intelligence and US Copyright Law

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In 2010, while I was attending my computer information systems class as a freshman at Arizona State University, my professor introduced me to the concept of Moore’s Law - the observation that the number of transistors on an...more

Foley & Lardner LLP

Generative AI Systems Tee Up Fair Use Fight

Foley & Lardner LLP on

The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI...more

Venable LLP

Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge...

Venable LLP on

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

Arnall Golden Gregory LLP

The Pitch - February 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

McDermott Will & Emery

No Fair Use for Photo Used Without Required Attribution

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The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the...more

Perkins Coie

The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

Perkins Coie on

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D...more

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