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
The United States Supreme Court granted certiorari to petitioner, Warner Chappell, to clarify whether the Copyright Act precludes retrospective relief for infringing acts occurring more than three years before a plaintiff...more
On May 18, 2023, the United States Supreme Court held that the “purpose and character” of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s portrait of Prince did not favor a determination of fair use....more
Good news for copyright holders – there is now a less costly alternative to enforcing certain copyrights in the form of a copyright-only small claims court....more
On April 5, 2021, the United States Supreme Court held that Google did not infringe on Oracle’s copyrights by copying 11,500 lines of Oracle’s Java SE API code....more
4/13/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Google LLC v Oracle America Inc ,
Intellectual Property Litigation ,
Java ,
Oracle ,
Popular ,
SCOTUS ,
Transformative Use
The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending...more
On April 27, 2020, the United States Supreme Court held that annotations in the State of Georgia’s official codes are not eligible for copyright protection. The 5-4 decision marked the first time in over a century that the...more
5/7/2020
/ Annotated Case Law ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Georgia v. Public.Resource.Org Inc ,
Government Edicts Doctrine ,
Legislative Duties ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statutory Code ,
The Copyright Act
For service providers that registered a DMCA agent through the Copyright Office’s online-only system established in December 2016, the time has come to re-register....more
Beginning on January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) will impose new privacy obligations on certain businesses that collect personal information of California consumers. Employers with employees in...more
Someone has infringed your copyright. Can you immediately file a copyright infringement lawsuit Well, that depends. Specifically, it depends on whether you have registered your copyright with the U.S. Copyright Office....more
On October 11, 2018, the Music Modernization Act (“MMA”) was signed into law. A product of unanimous, bipartisan support in both houses, the MMA, as its name suggests, reflects the efforts of Congress to modernize the legal...more
The deadline is fast approaching. A reminder to all service providers that the Copyright Office is transitioning to a permanent, online only DMCA registration procedure. If you have a designated Copyright Agent on file at the...more
In January, the Federal Trade Commission (FTC) released guidance that will be of interest to companies that utilize cross-device tracking. Cross-device tracking refers to a company’s ability to link a consumer’s behavior on a...more
In a highly anticipated decision, the Supreme Court of the United States held on March 22, 2017 that the “pictorial, graphic or sculptural features” of the “design of a useful article” can be protected by copyright under...more
Effective on December 1, 2016, the U.S. Copyright Office has formally replaced the existing paper-based “interim” DMCA agent registration procedure with a permanent, online-only system.
Under the Digital Millennium...more
On November 3, 2015, the U.S. Department of Education published a Notice of Proposed Rulemaking (NPRM), which – if adopted – would require grantees of the Department’s “competitive discretionary grant programs” to provide an...more
After an en banc review, the Ninth Circuit reversed a preliminary injunction against YouTube requiring the takedown of the controversial trailer of the film “Innocence of Muslims.” The preliminary injunction was granted by a...more