The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis (Podcast)
The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
The “Wild West” of AI Use In Campaigns
Podcast - The Briefing: Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Is Warhol Bad for Documentarians?
Podcast: The Briefing - Is Warhol Bad for Documentarians?
Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith
The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
5 Key Takeaways | IP: Beyond the Basics
The Briefing by the IP Law Blog: Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
The Briefing by the IP Law Blog: Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
Podcast - The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
The Briefing by the IP Law Blog: What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Podcast: The Briefing by the IP Law Blog - What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Moments before former President Donald Trump took to the stage at a Montana rally this August, Celine Dion’s 1997 hit, “My Heart Will Go On,” blasted over the speakers while a clip appeared onscreen. It took less than 24...more
A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The...more
Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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