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Derivative Works

Venable LLP

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major...

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The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital...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

McDermott Will & Emery

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

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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

Proskauer - Minding Your Business

Arbitrator Awards Company $155M for Competitor’s Use of Its Confidential Information

An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – OpenAI launches Sora, Nvidia stock price increases, universal AI model for biology and more

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. OpenAI recently announced generative AI video tool Sora, which converts...more

Foley Hoag LLP - Making Your Mark

How Original! The Oscars and the Craft of Derivative Works

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn...more

Conn Kavanaugh

It All Started With A Mouse: What Happens When Iconic Characters Enter the Public Domain?

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As one of the largest and most iconic entertainment brands in the world, the Walt Disney Company is most readily associated with two things: their main mascot, Mickey Mouse, and the fierce protection of their intellectual...more

Holland & Knight LLP

Generating a Body of Generative AI Case Law

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While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. Copyright Office is forging ahead with new decisions that address the issue. On Dec. 11,...more

Locke Lord LLP

Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For...

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A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”),...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

Venable LLP

Legal Issues Around Generative Artificial Intelligence and Web Scraping

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Shrewd businesses often leverage cutting-edge technology to be more efficient or to offer new products or services. But if companies fail to conduct legal risk assessments before using innovative technology, the anticipated...more

BakerHostetler

Andersen Plaintiffs Will Need to Amend Their Complaint Against Stability AI, Judge Rules

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On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit...more

BakerHostetler

AD-ttorneys@law - September 2023

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Room Rental Site Sued Over Chimerical Reviews and Listings - FTC keeps promise to ramp up negative attention on false positives - Ghosted - Remember the first time you hunted for your own apartment? The anguish of...more

Weintraub Tobin

Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

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A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can...more

Weintraub Tobin

The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

Weintraub Tobin on

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can...more

Bradley Arant Boult Cummings LLP

From Punchlines to Plaintiffs: Meta Platforms and Open AI File Motions to Dismiss Comedian Sarah Silverman’s Copyright...

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher...more

BakerHostetler

AD-ttorneys@law - July 2023

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It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...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

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Price Discrimination and Copyright

This week, the Court considers the requirements of the Robinson-Patman Price Discrimination Act and whether copyright registration of a derivative work registers elements of the work derived from an earlier, unregistered...more

Sunstein LLP

What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies

Sunstein LLP on

In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc....more

Perkins Coie

Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. Goldsmith

Perkins Coie on

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn...more

Katten Muchin Rosenman LLP

What the Supreme Court's Decision in Warhol Could Mean for the Future of Fair Use - Katten Kattwalk | Issue 25

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more

Dorsey & Whitney LLP

Artists v. AI Images

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AI technology is developing at a tremendous pace and AI image creation is no exception. AI images are even winning art contests. Since AI generates artistic images modeling others’ work, human artists are asking “is it...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith

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The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more

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