JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more
Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments. There are several...more
Copyright infringement filings continue to grow with 2023 seeing a 25% increase in cases according to year end federal court statistics. This surge is driven in large part by copyright assertion entities, or “copyright...more
ChatGPT and similar generative artificial intelligence (AI) tools rely on large language models (LLMs). LLMs are fed massive amounts of content, such as text, music, photographs and film, which they analyze to discover...more
We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a...more
In the latest appeal of a copyright infringement dispute, the US Court of Appeals for the Ninth Circuit upheld the lower court’s finding that the copyright owner’s photographs were not part of a single compilation for...more
On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more
Creative works of expression are likely your most valuable assets if you are a film studio, photographer, software developer, writer, musician, or visual artist. To fully protect against copycats, you need federal copyright...more
Copyright owners now have another venue for enforcing copyrights: the Copyright Claims Board (CCB). Established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), the CCB aims to provide...more
[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more
In what is becoming an exciting copyright lawsuit season, Federal Judge Jeffrey S. Frensley recently ordered Spotify Chief Executive Officer Daniel Ek to sit for a deposition in the long-running copyright infringement suit...more
Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you are...more
In order to avoid being a victim of a “copyright troll,” businesses need to be vigilant about the content they post on social media, websites and other promotional materials...more
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more
The Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of...more
The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more
G&M Realty (G&M), the owner of the famous New York City graffiti space known as 5Pointz, asked the Supreme Court to strike down as unconstitutional the Visual Artists Rights Act (VARA), a federal copyright law that provides...more
Caution: Spoilers Ahead. Netflix’s wildly popular documentary series Tiger King: Murder, Mayhem and Madness continues to capture the imagination of the public as countless media reports and a follow-up Netflix episode...more
Although it is generally accepted that tattoos are copyrightable, one of the only definitive judicial statements on the issue came by way of a preliminary injunction hearing in 2011 involving Mike Tyson’s famous tribal face...more
One of the important benefits that come from registering copyrighted works early is the ability to seek statutory damages and attorney’s fees from a copyright infringer in a lawsuit. It is only when copyright owners register...more
Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to...more
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more
Addressing § 504(c)(1) of the US Copyright Act, which permits an award of statutory damages in lieu of actual damages for copyright infringement, the US Court of Appeals for the Seventh Circuit considered a question of first...more
The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more
You may have heard: infringing a viral photo of the current President of the United States will only cost you $750. Setting aside whether that valuation was at all related to the subject matter of the photo, let’s talk about...more