News & Analysis as of

Fair Use

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

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

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

Farella Braun + Martel LLP

Internet Archive's Book Lending May Be Coming to an End

In a closely watched case, the 2d Circuit upheld a decision that Internet Archive's book lending practices violated the authors' copyrights and was not protected by the fair use doctrine.  But was this decision really just...more

Troutman Pepper

How AI Cos. Can Cope With Shifting Copyright Landscape

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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

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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

McDermott Will & Emery

Digital Rights, Digital Wrongs: The DMCA Lives On

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The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are...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

McDermott Will & Emery

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

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The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...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

McAfee & Taft

SCOTUS: Damages for copyright infringement not limited to three years for timely claims

McAfee & Taft on

Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more

Proskauer - New Media & Technology

The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity

On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers...more

Weintraub Tobin

The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis (Podcast)

Weintraub Tobin on

Unraveling the threads of Fair Use and how recent legal rulings threaten documentary filmmakers. Join Scott Hervey and Jamie Lincenberg as they dissect the Tenth Circuit's Impact on filmmaking in this episode of 'The...more

Weintraub Tobin

The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis

Weintraub Tobin on

Unraveling the threads of Fair Use and how recent legal rulings threaten documentary filmmakers. Join Scott Hervey and Jamie Lincenberg as they dissect the Tenth Circuit's Impact on filmmaking in this episode of 'The...more

Vondran Legal

Copyright Law and BodyCam Video

Vondran Legal on

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

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

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Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...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

Venable LLP

Key Copyright Issues for Independent Schools

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Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the...more

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