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Irwin IP LLP

Internet Archive’s Free E-Book Lending Not Fair Use

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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

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

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Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

Bradley Arant Boult Cummings LLP

Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...more

DarrowEverett LLP

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

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On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

Seyfarth Shaw LLP

“The Plaintiffs Are Wrong”: OpenAI Submits New Authority in Attempt to Knock Out Sarah Silverman’s Claims

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In the latest skirmish between Sarah Silverman and other authors against Chat GPT-maker OpenAI, OpenAI submitted a new decision from a California federal court in support of its attempt to dismiss the Silverman plaintiffs’...more

Haug Partners LLP

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

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Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or  political ads that will soon infiltrate our airwaves, artificial...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 6, June 2023

Generative AI has Its Risks, but the Sky isn't Falling - “The threat organizations face with GenAI is not new, but it could speed how quickly private data reaches a wider audience.” Why this is important: Generative...more

BakerHostetler

What Goldsmith Means to AI Trainers

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The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more

Faegre Drinker Biddle & Reath LLP

Copyrightability of AI-Generated Works

In recent months, we have been saturated with media coverage involving artificial intelligence (“AI”).  Almost daily there are articles about AI platforms including DALL-E, Midjourney, Stable Diffusion and ChatGPT,...more

Saul Ewing LLP

Recent Developments and Challenges in Protecting Intellectual Property Created With Artificial Intelligence

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The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present...more

Brownstein Hyatt Farber Schreck

NFTs: Usage Rights and Legal Fights

NFTs—or Non-Fungible Tokens—continue to raise new legal questions, particularly involving intellectual property rights and the enforcement of those rights against bad actors....more

Mintz - Intellectual Property Viewpoints

Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform could be patented or protected under trade secret, such as related to biotech and synthetic biology. Equally important...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - April 2022

To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main European digital regulatory and...more

Weintraub Tobin

Producer’s Copyright of Friday the 13th Screenplay Slashed In Screenwriter’s Termination Lawsuit

Weintraub Tobin on

On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright...more

Morgan Lewis - Tech & Sourcing

Like Embedded Content, Server Test on Display – A Conversation with Andrew Gray

As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

McDermott Will & Emery

IP Implications of the Consolidated Appropriations Act, 2021

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On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

Haug Partners LLP

Artificial Intelligence and Its Impact On The Fashion Industry: Contemporary Legal Considerations

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With the technological advancements being developed by artificial intelligence (“AI”), a branch of computer science wherein computers and other machines simulate human intelligence processes, AI will provide an avenue for...more

BakerHostetler

Does Copyright Literally Protect Source Code Figuratively?

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Learn how copyright can protect your software “Beyond Source Code” to cover both screen displays and UX, how the scope of software copyright law might impacted by the pending Supreme Court opinion in Oracle v. Google, and the...more

McDermott Will & Emery

11th Circuit Tells Guitar Maker to Take a [Pantera] Walk on Delayed Copyright Claims

Affirming a summary judgment in favor of defendant, the US Court of Appeals for the Eleventh Circuit determined that a copyright infringement lawsuit pertaining to the graphic design on a guitar made famous by a late heavy...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

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On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

Snell & Wilmer

Google v. Oracle Heads to the Supreme Court

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The Supreme Court’s cert grant on the Federal Circuit’s most recent decision in the long-running and highly publicized battle between Oracle and Google appears to confront policy questions as much as legal ones — such as...more

Dorsey & Whitney LLP

No Laughing Matter: Court Dismisses Copyright Claims Against Jerry Seinfeld’s Comedians in Cars Getting Coffee Show

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Judge Alison Nathan of the Southern District federal court in New York recently dismissed copyright infringement claims against comedian Jerry Seinfeld over the show Comedians in Cars Getting Coffee because the statute of...more

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