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Copyright Summary Judgment Copyright Infringement

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
McDermott Will & Emery

Late Expert Report Dooms Copyright Case

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The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Calls Out OpenAI on Its Motion to Dismiss

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more

McDermott Will & Emery

Rock On: Clichéd Song Themes Don’t Infringe Copyright

The US Court of Appeals for the Fifth Circuit affirmed a district court’s summary judgment grant to an alleged song copier, finding neither evidence of factual copying nor striking similarity between the two songs. Kirk...more

Farella Braun + Martel LLP

Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: In AI Training Case Brought by Thomson Reuters, Court Denies Summary Judgment

In AI Training Case Brought by Thomson Reuters, Court Denies Summary Judgment - In Thomson Reuters v. Ross Intelligence, a district court largely denied the parties’ cross motions for summary judgment and held that a...more

Proskauer - Minding Your Business

Thomson Reuters v. Ross Intelligence: D. Del. SJ Decision Provides Insight as Copyright Litigation Tests the Legality of...

Generative AI has taken the world by storm since OpenAI launched ChatGPT in November 2022. But the buzz and excitement of GAI has come with difficult legal questions that threaten the new technology. Several lawsuits—some of...more

McDermott Will & Emery

Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work

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In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’...more

McDermott Will & Emery

When Are Compulsory Copyright Licenses Compulsory?

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The US Court of Appeals for the Second Circuit partially affirmed a district court’s summary judgment order holding that audiovisual recordings of live concerts do not fall within the scope of the Copyright Act’s compulsory...more

McDermott Will & Emery

Don’t Throw in the Towel: Retroactive Copyright Protects Fight Live Stream

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The US Court of Appeals for the Sixth Circuit reversed a district court’s summary judgment of noninfringement in a copyright dispute, finding that the transfer of ownership prior to the display of the copyrighted work...more

Hinch Newman LLP

Copyright Attorney Discusses Advertiser Vicarious Liability for Social Media Influencer Infringement

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UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by a group of music publishers and record companies against an energy drink and...more

McDermott Will & Emery

Implied Copyright License to Photographs of Artist Formerly Known as Prince

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The US Court of Appeals for the Eighth Circuit upheld a ruling that a marketer had an implied copyright license to distribute marketing materials containing digital copies of photographs of the late musical artist Prince....more

McDermott Will & Emery

DMCA Scienter Requirement Not Satisfied without Evidence of Knowledge of Inducement or Concealment

Interpreting a provision of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1202(b), for the first time, the US Court of Appeals for the Eleventh Circuit affirmed a summary judgment ruling that the plaintiff failed...more

Proskauer - Minding Your Business

From Ireland to Iceland to Groban? Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial...

The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up....more

Weintraub Tobin

The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

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In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit...more

McDermott Will & Emery

A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

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The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the novels of prominent Puerto Rican author Enrique Laguerre for theatre, was...more

McDermott Will & Emery

De Minimis Defense Doesn’t Protect Minimal Use of Concededly Infringing Material

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The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of the defendant in a copyright case based on a “minimal usage” or de minimis use defense. Richard N. Bell v....more

McDermott Will & Emery

Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis

Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more

McDermott Will & Emery

Blueprint Blooper: Floor Plan Copyright Infringement Requires Virtually Identical Copying

Addressing whether a home builder’s floor plans infringed the plaintiff’s architectural copyrights, the US Court of Appeals for the Seventh Circuit affirmed a lower court’s entry of summary judgment against the plaintiff,...more

McDermott Will & Emery

Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff

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The US Court of Appeals for the First Circuit affirmed dismissal of a copyright infringement claim for failure to register the copyright, and affirmed summary judgment against plaintiff on related state law claims where the...more

Dorsey & Whitney LLP

The Rook vs. Deschain: Superficial Similarities or Superhero Copycat?

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In the 1970s, William DuBay created the comic book character, Restin Dane, also known by his superhero alter ego, “The Rook.” Dane, a wealthy scientist and inventor residing in an Arizona house shaped like a rook chess piece,...more

McDermott Will & Emery

A Closed Book: No Past Infringement, No Reading Between the Lines into the Future

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The US Court of Appeals for the Sixth Circuit affirmed a district court’s grant of summary judgment in favor of the defendant, finding no current or future copyright infringement. OverDrive Inc. v. Open E-Book Forum dba...more

McDermott Will & Emery

No Matter How Many Touched the Flowers, Single Infringement Begets Single Statutory Damages Award

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In a dispute over the alleged infringement of a floral print textile design, the US Court of Appeals for the Ninth Circuit affirmed the plaintiff’s ownership of a valid copyright, but reversed and remanded for further...more

McDermott Will & Emery

This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’

Presented with a publishing company defendant’s mashup of Dr. Seuss’ copyrighted works with Star Trek in a work titled Oh, the Places You’ll Boldly Go!, the US Court of Appeals for the Ninth Circuit tackled claims of both...more

Dorsey & Whitney LLP

Fair Use Mashup Theory Ga-Fluppted by Ninth Circuit

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Just in time to steal ComicMix’s Christmas, the Ninth Circuit recently held that the bookmaker’s mashup story Oh, the Places You’ll Boldly Go! (which combines elements of the Dr. Seuss book Oh, the Places You’ll Go! with Star...more

McDermott Will & Emery

Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement

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The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant...more

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