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Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many...more

US Supreme Court Holds No Limit to Number of Years for Which Copyright Infringement Damages Are Recoverable Under the “Discovery...

For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the...more

Circuit Court Applies Warhol v. Goldsmith’s Updated “Transformative” Use Analysis in “Tiger King” Fair Use Suit

The US Circuit Court of Appeals for the Tenth Circuit overturned a federal district court's determination that Netflix made fair use of the plaintiff's video in the 2020 Netflix show “Tiger King,” citing last year’s US...more

Lost in Interpolation: For How Long Prior to Discovering Infringement Can Copyright Owners Recoup Damages?

On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three...more

No Copyright Protection for Works Created Solely by AI, DC Federal District Court Holds

On August 18, 2023, the US District Court for the District of Columbia held that the US Copyright Office did not abuse its discretion in determining that works generated entirely by artificial intelligence (AI) systems are...more

Supreme Court Rules Against Warhol Estate in Copyright Dispute Over Use of Photo of Prince for Magazine Cover — Potentially...

On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more

Proposed Copyright Office Rule Requires Payment of Music Royalties to Terminating Songwriters

On October 25, 2022, the US Copyright Office proposed a new rule that would end and reverse actions of the Mechanical Licensing Collective (MLC) that have deprived songwriters and their heirs of US copyright royalties after...more

Second Circuit Keeps a Close “Watch” on IP Owners Pursuing the Secondary Market 

The United States Court of Appeals for the Second Circuit recently affirmed a decision by the District Court for the Southern District of New York, finding that refurbished antique watches retaining an original manufacturer’s...more

Replica Car Manufacturing Jumpstarted by NHTSA Rulemaking

The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual...more

Sovereign Immunity Prevails: Litigants Cannot Sue States for Copyright Infringement, Supreme Court Holds

The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits. The Copyright Remedy Clarification Act of 1990 (CRCA) provided that States “shall not be immune, under...more

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