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Recent Developments Related to Generative AI and Copyright Law

The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. The implications for copyright law principles, such as authorship,...more

Keeping “Fair Use” Fair: SCOTUS Says First Fair Use Factor Should Be Interpreted Narrowly to Protect Copyright Holders

The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more

Nitpicking Allowed When Determining Statutory Damages

On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more

After Supreme Court Remand, Copyright Infringement Claims Upheld in View of Registrant’s Unknown Inaccuracies

In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the...more

A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic...more

Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis

Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more

SCOTUS Says 'Fair Use' in Google v. Oracle Copyright Battle

In a 6–2 decision authored by Justice Breyer, the Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s 2018 ruling that Google’s use of Oracle’s Java application programming interface...more

No Matter How Many Touched the Flowers, Single Infringement Begets Single Statutory Damages Award

In a dispute over the alleged infringement of a floral print textile design, the US Court of Appeals for the Ninth Circuit affirmed the plaintiff’s ownership of a valid copyright, but reversed and remanded for further...more

This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’

Presented with a publishing company defendant’s mashup of Dr. Seuss’ copyrighted works with Star Trek in a work titled Oh, the Places You’ll Boldly Go!, the US Court of Appeals for the Ninth Circuit tackled claims of both...more

“Salacious” Content Doesn’t Bar Discovery in Copyright Infringement Suit

The US Court of Appeals for the District of Columbia Circuit preserved discovery options for copyright owners fighting online piracy when it reversed the district court’s refusal to allow a subpoena of an alleged online...more

Copyright Office, Not Courts, Determines Validity of Registrations Containing Inaccurate Information

With the validity of a copyright registration at issue, the US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s judgment after a jury trial and award of attorney’s fees in favor of the plaintiff...more

Prayer for Declaratory Relief Invokes Copyright Act and Available Attorneys’ Fees

Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more

What’s the Deal with Comedians?: Too Late for Copyright Claim against Seinfeld

In a non-precedential ruling by summary order, the US Court of Appeals for the Second Circuit affirmed the dismissal of a copyright infringement lawsuit filed against famed comedian Jerry Seinfeld, finding that the...more

11th Circuit Tells Guitar Maker to Take a [Pantera] Walk on Delayed Copyright Claims

Affirming a summary judgment in favor of defendant, the US Court of Appeals for the Eleventh Circuit determined that a copyright infringement lawsuit pertaining to the graphic design on a guitar made famous by a late heavy...more

Ninth Circuit Gleefully Rejects Copyright Claims against California High School

Affirming a district court’s summary judgment in favor of various defendants, including the vocal music director and parent volunteers at Burbank High School (whose competitive show choirs reportedly inspired the television...more

SCOTUS Sinks the CRCA, Confirms States Are Immune from Copyright Suits

A unanimous decision from the Supreme Court of the United States in Allen v. Cooper affirmed a previous ruling by the US Court of Appeals for the Fourth Circuit and held that states cannot be sued for copyright infringement,...more

Ninth Circuit Shows Led Zeppelin a Whole Lotta Love in ‘Stairway’ Copyright Win

Ruling en banc, the US Court of Appeals for the Ninth Circuit reinstated a 2016 jury verdict, finding that the rock band Led Zeppelin and the opening notes of its hit song “Stairway to Heaven” did not infringe the 1967 song...more

That’s Bananas: Third Circuit Examines Copyright Protection Under Star Athletica

Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more

A Tale of Two (or 33) Copyrights: Calculating Statutory Damages

Addressing § 504(c)(1) of the US Copyright Act, which permits an award of statutory damages in lieu of actual damages for copyright infringement, the US Court of Appeals for the Seventh Circuit considered a question of first...more

Copyright Infringement Claims Precluded by Plaintiff’s Own Patent Lawsuit

The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s dismissal of claims of copyright infringement, violation of the Digital Millennium Copyright Act (DMCA) and breach of...more

No Vicarious Liability Absent Financial Benefit, Even in Context of Contributory Infringement

The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

Ramble on Back to Court: Led Zeppelin Can’t Shake “Stairway” Infringement Claims

In a dispute alleging that legendary rock band Led Zeppelin copied “Stairway to Heaven” from a song by a different band, the US Court of Appeals for the Ninth Circuit vacated in part a judgment in favor of Led Zeppelin,...more

IP Address Subscriber Not Liable for Copyright Infringement

In a case involving the infringing download and distribution of plaintiff’s film through peer-to-peer BitTorrent networks, the US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of plaintiff’s...more

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