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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

McDermott Will & Emery

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

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In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...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

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Case against OpenAI is Different. Here's Why.

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more

Skadden, Arps, Slate, Meagher & Flom LLP

Motion To Dismiss Ruling Provides Insight Into How Courts View AI Training Data Cases

A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their...more

Davies Ward Phillips & Vineberg LLP

New Excessive and Unfair Pricing Provisions in Force in Canada’s Competition Act: Risk and Compliance Considerations

Canada’s Competition Act was amended effective December 15, 2023 to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant firms and (ii) specifically provide that it is an...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

Venable LLP

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

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On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

US Supreme Court Refocuses the Test for Transformative Use

It has been nearly thirty years since the US Supreme Court has considered whether a creative work qualifies as a transformative use under the Copyright Act. The last time was in 1994, when the Court in Campbell v. Acuff-Rose...more

McDermott Will & Emery

Out of Tune: Eleventh Circuit Permits Retrospective Relief for Timely Copyright Claims under Discovery Rule

The US Court of Appeals for the Eleventh Circuit furthered a circuit split in holding that, as a matter of first impression, a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for...more

Dickinson Wright

Good News for Creators: Canada Extends Copyright Term

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Just under the wire, before the end of 2022, Canada enacted a significant change to its copyright law. December 30 was fixed as the day on which section 281 of the Budget Implementation Act, 2022, No. 1 came into force. The...more

Weintraub Tobin

Trademark and Copyright Cases to Watch in 2023

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It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal...more

Wilson Sonsini Goodrich & Rosati

California Court Upholds Right to Rent Physical Media

On April 28, 2022, the U.S. District Court for the Central District of California granted the defendant's motion for summary judgment, holding that, taking facts in the light most favorable to the plaintiff, defendant...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

Foley & Lardner LLP

SCOTUS Rules That Faulty Copyright Registrations Based on Mistakes of Law Do Not Invalidate Registrations or Prevent Enforcement...

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On Thursday, February 24, 2022, the U.S. Supreme Court weighed in on the long-running copyright infringement dispute between Los Angeles fabric designer, Unicolors Inc., and global fast fashion giant, H&M Hennes & Mauritz...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping Copyright Law

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KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Like so many things in 2021, a few long-awaited copyright developments have spilled into 2022, with anticipated amendments to key provisions in the Digital Millennium Copyright Act...more

ArentFox Schiff

A Copyright Law Horror Show for Producers of “Friday the 13th”

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Second Circuit Holds that Movie Screenplay Author was Entitled to Termination Rights - The Second Circuit held recently that the screenwriter of the pop culture classic “Friday the 13th” did not write the Screenplay as a...more

Weintraub Tobin

“Happy Together” – The Ninth Circuit Plays The Golden Oldies Of Copyright Law

Weintraub Tobin on

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior...more

Jones Day

Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

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Australia's Copyright Act allows for various "fair dealing" defenses that set out defined categories of acceptable uses of copyrighted work. These uses include research or study, criticism or review, parody or satire,...more

Dorsey & Whitney LLP

Environmental Advocate Wins Battle Against “Australia’s Greatest Liability”

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Greenpeace, the well-known environmental campaign organization, recently prevailed over an electricity giant in the Australian case AGL Energy Limited v. Greenpeace Australia Pacific Limited. Australia’s parody and satire law...more

ArentFox Schiff

Supreme Court Case to Watch: When and How Copyright Registrations Can Be Invalidated for Inaccuracies

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Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration. The case...more

Wilson Sonsini Goodrich & Rosati

A Common Dilemma: Responding to Copyright Trolls

The following scenario is all too common for those who post content on the web. Imagine you create a website that, unbeknownst to you, includes some form of work (say, a photograph) that is copyrighted to someone else....more

Kelley Drye & Warren LLP

Second Circuit Limits Copyright Damages To Three Years Preceding Suit

While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an infringement claim does not ‘accrue’ until the copyright holder discovers, or with due diligence...more

Snell & Wilmer

Led Zeppelin Ruling Overturns Ninth Circuit’s ‘Inverse Ratio Rule’

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On March 9, 2020, Led Zeppelin won a major copyright battle over claims that they stole part of their signature song “Stairway to Heaven.” The Ninth Circuit Court of Appeals, ruling en banc, upheld a 2016 jury verdict that...more

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