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Copyright Applications Copyright Infringement

DRI

The Challenges of Generative Artificial Intelligence and US Copyright Law

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In 2010, while I was attending my computer information systems class as a freshman at Arizona State University, my professor introduced me to the concept of Moore’s Law - the observation that the number of transistors on an...more

Morgan Lewis - Tech & Sourcing

Copyright Registrations and Mickey Mouse

For many companies with identifiable characters, preserving and extending their copyright protections is a top priority. As of January 1, 2024, several famous works have lost their copyright protection and entered into the...more

Wiley Rein LLP

Copyright Office Proposes Streamlined Registration Option for News Websites

Wiley Rein LLP on

Copyright infringement is a significant problem for operators of news websites. As any journalism organization knows, producing original news content is a costly endeavor. All too often, sophisticated and amateur infringers...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

McDermott Will & Emery on

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Jaburg Wilk

Can I Own Copyrights in Content Created or Partially Created by AI?

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As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents...more

Sheppard Mullin Richter & Hampton LLP

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more

Sheppard Mullin Richter & Hampton LLP

Resource Guide for the Copyright Office Artificial Intelligence Initiative

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more

Ballard Spahr LLP

AI’s Artistry Denied: No Copyright for AI Author

Ballard Spahr LLP on

Summary - The U.S. District Court for the District of Columbia upheld last week, in a first-of-its-kind case, the U.S. Copyright Office's denial of an application to register an image purportedly generated entirely...more

McDermott Will & Emery

Nitpicking Allowed When Determining Statutory Damages

McDermott Will & Emery on

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

Dunlap Bennett & Ludwig PLLC

Can an Inadvertent Error on a Copyright Application Kill Your Infringement Case?: Supreme Court Says No

For creators who hold copyrights, the Supreme Court has issued a decision that will have wide-ranging benefits for years to come. The court’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., issued this past...more

AEON Law

Patent Poetry: Why it’s important to register your copyrights

AEON Law on

As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time;...more

International Lawyers Network

Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Dorsey & Whitney LLP

To Err is Human: Supreme Court Holds That Mistakes of Law in Copyright Applications Fall Under Safe Harbor

Dorsey & Whitney LLP on

Most lawyers are familiar with the well-known legal maxim that “ignorance of the law is no excuse.” In 6-3 opinion issued on February 24, 2022, in a copyright case, the Supreme Court nonetheless held that ignorance of the law...more

Sunstein LLP

“Everybody Makes Mistakes”- A Forgiving Approach by the Supreme Court Changes Copyright Law

Sunstein LLP on

The Supreme Court recently issued a surprising opinion regarding the safe harbor provision of the Copyright Act: If an applicant makes a mistake of fact or law in their application, the registration will still be valid. At...more

ArentFox Schiff

Supreme Court Case to Watch: When and How Copyright Registrations Can Be Invalidated for Inaccuracies

ArentFox Schiff on

Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration. The case...more

Dunlap Bennett & Ludwig PLLC

Spreading “Ultralight” on Copyright Registration Requirement: An Application is not a Registration

Kayne West was involved in yet another lawsuit. This time, instead of suing to force his way onto the November 2020 presidential ballot, he was sued for allegedly copying from a child...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2020: Unicolors v. H&M: When White Lies Can Leave You Black and Blue

Because copyright applications are not substantively examined, unlike patent and trademark applications, obtaining a copyright registration is typically viewed as relatively easy. Indeed, only a minority of copyright...more

Weintraub Tobin

“Birds Of A Feather” – The Ninth Circuit Confronts “Single Unit Of Publication” Copyright Issue

Weintraub Tobin on

Unicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers. Some of these designs are marketed to the public and placed in its showroom while other designs are considered “confined” works...more

Seyfarth Shaw LLP

COVID-19 Extensions to Protect Copyright Owners: Maximizing Economic Remedies in a Period of Uncertainty

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The US Copyright Office has exercised its authority under the CARES Act in an attempt to blunt the adverse effects of the COVID-19 pandemic on visual artists, musicians, and other content creators—along with the companies...more

Troutman Pepper

Pepper Hamilton Higher Education "In Brief" Webinar Series: Intellectual Property Basics - What Every Higher Education...

Troutman Pepper on

With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"...more

Womble Bond Dickinson

Echoes of Roseanne Roseannadanna: It’s always something—Federal Judge Dismisses Copyright Infringement Lawsuit Involving Gilda...

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Gilda Radner rose to fame in the late 1970s as one of the original stars of “Saturday Night Live.” Her 1989 autobiography, It’s Always Something, became a best-seller, as the comedian provided an honest and heart-wrenching...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Copyrights

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Copyrights protect original works of authorship. This gives a copyright holder exclusive rights to modify, distribute, perform, display, and copy the work. However, as with other forms of intellectual property, there are...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: The Switch by Nine Compels “A Stitch in Time” Approach to Copyright Filings

The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more

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