By removing any limitation on the temporal scope of damages recovery, the U.S. Supreme Court’s decision last week in Warner Chappell Music Inc. v. Nealy opened the door to copyright infringement claims dating further back in...more
5/13/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced...more
On December 27, 2023, The New York Times (the “Times”) filed a complaint against OpenAI and Microsoft in the Southern District of New York based on their claimed use of the Times’s works in creating generative artificial...more
The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial...more
In the first U.S. Supreme Court decision to consider the copyright fair use doctrine in the context of artistic works in almost three decades, the Court ruled that Andy Warhol Foundation’s licensing to Condé Nast of Warhol’s...more
On March 4, 2019, the United States Supreme Court held that the Copyright Office must grant registration of a copyright before a plaintiff can bring an infringement lawsuit, rejecting the view that an application alone is a...more
Historically, fashion designers, as well as other designers whose creative efforts are incorporated into useful/functional articles like clothing, shoes, and furniture, have struggled successfully to assert copyright...more
Under the Digital Millennium Copyright Act (DMCA), website operators and other Internet Service Providers (collectively, ISPs) can obtain protection from liability for copyright infringement claims based on the material...more