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Irwin IP LLP

Internet Archive’s Free E-Book Lending Not Fair Use

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Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library...more

Perkins Coie

The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

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A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D...more

DarrowEverett LLP

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

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On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Baker Donelson

The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools

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Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists...more

BakerHostetler

What Goldsmith Means to AI Trainers

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The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more

Foster Garvey PC

Navigating Copyright Boundaries: Insights from the Supreme Court Decision in Warhol v. Goldsmith

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The recent copyright infringement court decision involving artist Andy Warhol and photographer Lynn Goldsmith has sparked significant discussions about the impact on artists. This case, which revolved around the fair use of a...more

Morgan Lewis - Tech & Sourcing

Like Embedded Content, Server Test on Display – A Conversation with Andrew Gray

As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server...more

Farella Braun + Martel LLP

[Webinar] SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways - July 27th, 10:00 am - 11:00 am PT

After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about...more

Locke Lord LLP

Google LLC v. Oracle America, Inc.

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On April 5, 2021, the United States Supreme Court held that Google did not infringe on Oracle’s copyrights by copying 11,500 lines of Oracle’s Java SE API code....more

Dorsey & Whitney LLP

Google v. Oracle: Fair Use and the Seventh Amendment

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On August 7, 2020, Google and Oracle submitted their final written arguments to the Supreme Court regarding their decade-long copyright battle over the source code animating the Android platform. Now, we focus on the second...more

BakerHostetler

Breaking Down the Briefing in Google v. Oracle: Petitioner’s Brief

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A decade-long dispute between Google and Oracle regarding Google’s alleged infringement of Oracle’s copyright in its application programming interface (API) will culminate in a Supreme Court decision that will have lasting...more

Cadwalader, Wickersham & Taft LLP

Google v. Oracle: Will Software Be Free?

Referred to as “the copyright case of the century,” the Supreme Court could determine the fate of software protection in Google v. Oracle, namely that of Java.  At its core, the case asks whether software programmers may copy...more

Snell & Wilmer

Google v. Oracle Heads to the Supreme Court

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The Supreme Court’s cert grant on the Federal Circuit’s most recent decision in the long-running and highly publicized battle between Oracle and Google appears to confront policy questions as much as legal ones — such as...more

Robins Kaplan LLP

Copyright Suit Against HBO Tossed

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HBO escaped a copyright lawsuit on Tuesday May 1, after a New York federal judge dismissed claims filed against the network by a graffiti artist. Last July, Itoffee R. Gayle, sued the television network for featuring his...more

McDermott Will & Emery

“Who’s on First?” Routine in Broadway Play Strikes Out as Transformative Fair Use

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The US Court of Appeals for the Second Circuit determined that a Broadway play’s verbatim use of William “Bud” Abbott and Lou Costello’s “Who’s on First?” comedy routine was not a transformative fair use, but nonetheless...more

Proskauer Rose LLP

Second Circuit Finds Use of "Who's on First" Routine Not Transformative and Not Fair Use

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Earlier this month, the U.S. Court of Appeals for the Second Circuit issued a consequential opinion on the meaning and scope of what has become the "transformative use" factor of the fair use defense to copyright...more

Dorsey & Whitney LLP

Comic-Con, Costumes, and Copyright Concerns

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Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

Sheppard Mullin Richter & Hampton LLP

Copyright Is Nothing To Joke About

Last summer, comedian Robert Kaseberg filed a copyright infringement suit against Conan O’Brien, among others, alleging that O’Brien incorporated four jokes written by Kaseberg in the opening monologues of his television show...more

Akerman LLP - Marks, Works & Secrets

Parody Writers Take Note: Fair Use Parody + New Elements = Copyright Protection

On October 30, 2015 the Second Circuit held that an unauthorized parody that makes “fair use” of its source material is eligible for copyright protection and that copyright protection may extend to a work that exhibits the...more

Gray Reed

Fair Use and the DMCA – Yes, you need to think about it before sending the takedown

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Monday, the Ninth Circuit ruled copyright owners must consider the fair use doctrine before sending a takedown notice under the Digital Millennium Copyright Act in Lenz v. Universal Music Group. Read the case here: Lenz v....more

Foley Hoag LLP - Trademark, Copyright &...

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

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