On September 10, minutes after the first presidential debate between Donald Trump and Vice President Kamala Harris, an Instagram post set the political world abuzz: Taylor Swift endorsed Harris in the race. The announcement...more
Under the Copyright Act, “there is no time limit on monetary recovery” for a timely claim. So held the Supreme Court last week in Warner Chappell Music, Inc. v. Nealy.
Section 507 of the Copyright Act imposes a...more
5/14/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
Generative AI has taken the world by storm since OpenAI launched ChatGPT in November 2022. But the buzz and excitement of GAI has come with difficult legal questions that threaten the new technology. Several lawsuits—some of...more
Given the recent explosion of interest in Generative AI that came along with the introduction of ChatGPT in November, and the fact that Proskauer is advising clients on AI issues across almost all practice areas, the firm put...more
On May 18th, the Supreme Court handed down its much‑anticipated opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. We’ve tracked the progress of this case through the trial court, Second Circuit, and...more
On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more
6/28/2022
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Appropriation ,
Artistic Works ,
Artists ,
Certiorari ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Oracle v Google ,
Plagiarism ,
SCOTUS ,
The Copyright Act ,
Transformative Use
So you bought an NFT. You now own what is effectively an immutable electronic deed meant to record ownership of an asset, often a digital artwork. You probably paid for the NFT upfront—and if the artist is popular, you may...more
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
8/16/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Protection ,
IP License ,
Motion to Dismiss ,
Online Platforms ,
Online Videos ,
Popular ,
Right of Reproduction ,
Social Media ,
The Copyright Act ,
Web Servers ,
Websites
Judge Dolly M. Gee of the Central District of California recently awarded singer Lizzo a major victory in a copyright dispute concerning the artist’s hit song “Truth Hurts.” In her ruling, Judge Gee dismissed with prejudice a...more
In a narrowly drawn, yet significant decision, the Supreme Court reversed the Federal Circuit and ruled that Google LLC’s (“Google”) copying of some of the Sun Java Application Programming Interface (API) declaring code was a...more
4/9/2021
/ Application Programming Interface (APIs) ,
Copyright ,
Copyright Infringement ,
Fair Use ,
Google ,
Intellectual Property Protection ,
IP License ,
Java ,
Oracle v Google ,
Software Developers ,
Transformative Use
For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use...more
4/7/2021
/ Artists ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
Fair Use ,
Intellectual Property Protection ,
Paintings Sculptures and Engravings ,
Photographs ,
Substantially Similar ,
The Copyright Act ,
Transformative Use