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McDermott Will & Emery

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

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In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Case against OpenAI is Different. Here's Why.

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more

Locke Lord LLP

Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For...

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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

Venable LLP

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

Venable LLP on

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....more

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

US Supreme Court Refocuses the Test for Transformative Use

It has been nearly thirty years since the US Supreme Court has considered whether a creative work qualifies as a transformative use under the Copyright Act. The last time was in 1994, when the Court in Campbell v. Acuff-Rose...more

McDermott Will & Emery

Out of Tune: Eleventh Circuit Permits Retrospective Relief for Timely Copyright Claims under Discovery Rule

The US Court of Appeals for the Eleventh Circuit furthered a circuit split in holding that, as a matter of first impression, a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for...more

Wilson Sonsini Goodrich & Rosati

California Court Upholds Right to Rent Physical Media

On April 28, 2022, the U.S. District Court for the Central District of California granted the defendant's motion for summary judgment, holding that, taking facts in the light most favorable to the plaintiff, defendant...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping Copyright Law

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KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Like so many things in 2021, a few long-awaited copyright developments have spilled into 2022, with anticipated amendments to key provisions in the Digital Millennium Copyright Act...more

Wilson Sonsini Goodrich & Rosati

A Common Dilemma: Responding to Copyright Trolls

The following scenario is all too common for those who post content on the web. Imagine you create a website that, unbeknownst to you, includes some form of work (say, a photograph) that is copyrighted to someone else....more

Kelley Drye & Warren LLP

Second Circuit Limits Copyright Damages To Three Years Preceding Suit

While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an infringement claim does not ‘accrue’ until the copyright holder discovers, or with due diligence...more

Snell & Wilmer

Led Zeppelin Ruling Overturns Ninth Circuit’s ‘Inverse Ratio Rule’

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On March 9, 2020, Led Zeppelin won a major copyright battle over claims that they stole part of their signature song “Stairway to Heaven.” The Ninth Circuit Court of Appeals, ruling en banc, upheld a 2016 jury verdict that...more

Dorsey & Whitney LLP

Déjà vu as EU court revisits online platform liability for infringing content uploaded by users

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The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts...more

Sunstein LLP

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

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On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

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As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Fish & Richardson

Supreme Court to Resolve Copyright Registration Circuit Split

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On June 28, the Supreme Court announced that it will address the long-standing circuit split regarding the Copyright Act’s prerequisite for copyright infringement suits. Although a copyright registration is not required...more

Dorsey & Whitney LLP

Got Registration? You Better if You’re Filing a Copyright Case in the 11th Circuit

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Section 411(a) of the Copyright Act provides, in pertinent part, that “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright...more

Akerman LLP - Marks, Works & Secrets

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

Fish & Richardson

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation

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Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...more

Akerman LLP - Marks, Works & Secrets

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

Davis Wright Tremaine LLP

The Dancing Baby Grooves to Mixed Victory in the Ninth Circuit: Court Holds That DMCA Takedown Notices Require Consideration of...

Behind the scenes of the Internet’s current swirl of memes, mash-ups, and other viral content is a massive system of takedown notices and counter-notices passing back and forth between content owners, web hosts, and users,...more

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