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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

Vondran Legal

Viral DRM on a copyright lawsuit rampage in California

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Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...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

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

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

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

BakerHostetler

Does Copyright Literally Protect Source Code Figuratively?

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Learn how copyright can protect your software “Beyond Source Code” to cover both screen displays and UX, how the scope of software copyright law might impacted by the pending Supreme Court opinion in Oracle v. Google, and the...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

Dorsey & Whitney LLP

No Laughing Matter: Court Dismisses Copyright Claims Against Jerry Seinfeld’s Comedians in Cars Getting Coffee Show

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Judge Alison Nathan of the Southern District federal court in New York recently dismissed copyright infringement claims against comedian Jerry Seinfeld over the show Comedians in Cars Getting Coffee because the statute of...more

Jaburg Wilk

Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits

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The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

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This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Lowndes

Establishing Copyright is Not Monkey Business

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Next time you think of commissioning your dog to create some artwork, you’d better think twice. According to the Ninth Circuit Court of Appeals, animals do not have standing as copyright owners to sue for infringement under...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

WilmerHale

Copyright and Trademark Case Review: In "Vogue," Burning Man, Building Plans and More

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Copyright Opinions - Samples in Madonna's “Vogue” Too Trivial to Be Infringing: VMG Salsoul, LLC v. Ciccone, Nos. 13-57104, 14-55837 (9th Cir. June 2, 2016) - Graber, J. In a suit claiming infringement of both...more

BakerHostetler

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

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The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact...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

Dorsey & Whitney LLP

The Next Copyright “Fantasy” is Headed to The Supreme Court

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The last time the U.S. Supreme Court tackled the issue of attorneys’ fees under the Copyright Act was in Fogerty v. Fantasy. In that case, John Fogerty was sued for alleged copyright infringement over his song “The Old Man...more

McDermott Will & Emery

The Idea of Yoga Versus the Expression of It - Bikram’s Yoga College of India v. Evolation Yoga, LLC

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Affirming the district court’s grant of partial summary judgment, the U. S. Court of Appeals for the Ninth Circuit concluded that a sequence of yoga poses and breathing exercises was directed to the idea or process of...more

Polsinelli

"Ready? Okay!": Clothing Design Copyright Affirmed by Sixth Circuit Despite Dissent Stating Industry is "a Mess"

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Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more

Akerman LLP - Marks, Works & Secrets

“BRING IT ON!”: Sixth Circuit OKs Copyright Claims for Cheerleader Uniform’s Design

On August 19, 2015, the Sixth Circuit Court of Appeals issued a “V-I-C-T-O-R-Y” for the world’s largest designer and manufacturer of cheerleader uniforms in its copyright infringement lawsuit against another cheerleading gear...more

Orrick - Trade Secrets Group

Fifth Circuit Revisits Copyright Preemption of Trade Secret Law

The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the...more

Kelley Drye & Warren LLP

Jay Z Awarded Attorneys’ Fees After Routing Plaintiff In Copyright Lawsuit: Now Plaintiff Has $253,409.99 Problems For Bringing...

On July 17, 2015, Judge Schofield sitting in the Southern District of New York awarded defendants Shawn Carter (a/k/a Jay Z), Roc-A-Fella Records and Roc Nation, LLC (collectively, “Roc-A-Fella”) $253,409.99 in attorneys’...more

McDermott Will & Emery

Preemption of State-Law Tort Claims by the Copyright Act - Ray v. ESPN

Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district court’s dismissal of several state-law tort claims because the claims are...more

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