News & Analysis as of

Copyright Infringement

McDermott Will & Schulte

Top Gun and all that jazz: “Substantial similarity” in the Ninth Circuit

Two January 2026 decisions from the US Court of Appeals for the Ninth Circuit confirm that copyright infringement requires substantial similarity in protectable expression, proven through both extrinsic and intrinsic tests....more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – xAI’s Grok restricted after scrutiny of photo “undressing” features, OpenAI to back AI regulation ballot measure...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Fenwick & West LLP

Ink-Signed & Sealed: Ninth Circuit Affirms Kat Von D in Copyright Case; Provides Latest Guidance on Intrinsic Test

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The U.S. Court of Appeals for the Ninth Circuit affirmed the jury’s verdict in Sedlik v. Von Drachenberg, et al. in a January 2, 2026, precedential opinion, finding that the allegedly infringing works were fair use. ...more

Offit Kurman

Embedded Videos — Fair Use or Infringement? What the Latest Court Decision Means for Publishers

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In early December 2025, the Southern District of New York issued a decision in Level 12 Productions, LLC v. Mediaite, LLC. The holding highlights a growing risk for publishers and businesses that use embedded social media...more

Loeb & Loeb LLP

In re OpenAI, Inc. Copyright Infringement Litigation

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In action against OpenAI based on its use of Ziff Davis’ online publications in GPT series of large language models, district court denies motion to dismiss claims for contributory copyright infringement, for removal of...more

Carlton Fields

Florida Appeals Court Decisions Week of January 5 - 9, 2026

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U.S. Eleventh Circuit Court of Appeals - AB v. Barrow - insurance, notice, 58-month delay - Athos Overseas v. YouTube - copyright infringement, DMCA, safe harbor - USA v. Barry - sentencing, credit card fraud - ...more

Loeb & Loeb LLP

Yonay v. Paramount Pictures Corp.

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In suit claiming 2022 film Top Gun: Maverick infringed 1983 magazine article about real-life fighter pilot training program that inspired original 1986 Top Gun film, Ninth Circuit affirms summary judgment in defendants’...more

Shumaker, Loop & Kendrick, LLP

South Carolina Artist Wins $158,400 in Damages in Artist Rights Victory

Clover, SC — Shumaker has achieved a federal victory for artistic integrity, with a judge awarding a Clover, S.C. artist $158,400, including maximum Visual Artists Rights Act (VARA) damages, in a case reaffirming the power of...more

Knobbe Martens

Trademark & Brand Protection Update | December 2025

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In the world of designer toys, few characters have captured hearts, and consumer sales, quite like Labubu. Created by artist Kasing Lung, and popularized by Chinese company Pop Mart, Labubu is part of “The Monsters” series –...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2026

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The NCAA and major sports leagues are girding for new legal fights over athlete pay, college eligibility, and rules of competition—a jumble of cases whose outcome could reshape the business of sports....more

Foley Hoag LLP - Making Your Mark

Marketing Meets IP: How to Stay Creative Without Crossing Legal Lines

In today’s fast-paced digital landscape, marketing teams are under constant pressure to create bold, engaging campaigns. But creativity often collides with legal risk, especially when referencing other brands, copyrighted...more

Weintraub Tobin

The Briefing: New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk

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What happens when AI hallucinations are branded as journalism? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

FROM LYRICS TO LIABILITY: AI COPYRIGHT CLAIMS MOVE FORWARD

Anthropic’s legal troubles show no signs of abating. Last month, Judge Eumi K. Lee of the U.S. District Court for the Northern District of California denied Anthropic PBC’s second motion to dismiss in Concord Music Group Inc....more

Jones Day

Copyright in Applied Art: CJEU Sets a Clearer, Stricter Test

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In Joined Cases C‑580/23 (Mio) and C‑795/23 (Konektra), the Court of Justice ("ECJ") confirmed that works of applied art are protected by copyright on the same terms as all other works: originality is the sole requirement....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - December 2025 #5

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Disney is seeking to force a proposed class of Fubo subscribers to arbitrate their claims that Disney unlawfully made streaming services pay inflated rates for ESPN and other sports channels, telling a California federal...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - December 2025 #4

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DraftKings’ prediction markets went live on Friday, bringing sports event contracts to 17 states that haven’t legalized sports betting, including California, Texas, and Florida....more

Barnea Jaffa Lande & Co.

The New York Times v. Perplexity AI: New Frontiers in IP and AI

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The New York Times recently filed a major lawsuit against the artificial intelligence platform Perplexity AI for infringement of intellectual property rights. The importance of this lawsuit lies in the fact that it does not...more

Falcon Rappaport & Berkman LLP

Block & Order Docket (December 21, 2025)

This week sees the proposal of a bipartisan tax framework that finally addresses the "phantom income" of staking. Simultaneously, the intellectual property war over AI training data has escalated significantly, with Disney...more

Lowenstein Sandler LLP

AI Intellectual Property and Transactions Digital Advertising Playbook

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Intellectual property concerns are central to the evolving legal framework surrounding generative AI and machine learning. Training large language models involves significant volumes of copyrighted text, images, audio, and...more

Hogan Lovells

AGA v UK Innovations Group: No exhaustion of rights in retrofitted cookers on the secondary market

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In July 2024, the Intellectual Property Enterprise Court handed down judgment in a trade mark and copyright infringement case between AGA Rangemaster Group, the manufacturer of the well-known AGA range cookers, and UK...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gaming Industry IP News: Electronic Arts makes patents available for developer use, Tencent cancels Light of Motiram promotion...

In this installment of our gaming IP newsletter, the games industry is preparing for the holiday season, but IP issues can sure be a real grinch. As it is the season of giving, let’s start by looking at a case of a company...more

Mayer Brown

UK Getty Images v Stability AI: What It May Mean for Singapore and Hong Kong

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The UK High Court's ruling in Getty Images v Stability AI [2025] EWHC 2863 (Ch) ("Getty v Stability") is a landmark on copyright and trade marks for Generative Artificial Intelligence ("GenAI"). A summary of this case and its...more

Ropes & Gray LLP

Getty Image Loses Copyright Infringement Claim Against Stability AI in UK’s First-of-its-Kind Ruling

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On 4 November 2025, the UK High Court handed down its highly anticipated landmark judgment in Getty Images (US) Inc & ors v Stability AI Limited [2025] EWHC 2863 (Ch). This was the first UK judgment addressing copyright...more

DLA Piper

The legal framework for fighting copycats, lookalikes and dupes: what can brand owners do to protect themselves?

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In this article, the second in our series, we look at the various legal options brand owners have when faced with copycats and compare trends across some key regions....more

Vorys, Sater, Seymour and Pease LLP

Two Steps Forward and More to Go: IP Attaché Roundtable Summary

On Tuesday, December 9, 2025, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) hosted its 19th Annual IP Attaché roundtable in Washington, D.C....more

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