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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
On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter...more
Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more
Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more
For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the...more
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and...more
Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more
With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more
2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the...more
ChatGPT and similar generative artificial intelligence (AI) tools rely on large language models (LLMs). LLMs are fed massive amounts of content, such as text, music, photographs and film, which they analyze to discover...more
On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three...more
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
“Headlines” and “titles” are related, sometimes interchangeable, items appearing atop news stories. But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that...more
In every court case, a Plaintiff is required to establish that they are the "real party in interest" that suffered a "discrete and concrete injury." In a copyright case, this can get complicated with all the photo agency...more
It’s a common scenario – you receive a threatening letter, alleging that you have infringed on a third-party’s copyrighted images and demanding you pay a certain amount in order to settle the claim. This undoubtedly raises a...more
On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting...more
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
A class action lawsuit was recently filed in San Francisco federal court, alleging that OpenAI’s ChatGPT tool “relied on harvesting mass quantities” of copyright-protected works without permission. The plaintiffs are led...more
The US Court of Appeals for the Fifth Circuit affirmed a district court’s infringement determination, finding that the copyright owner’s claims were timely since they were brought within three years of discovering the...more
Personal 3D printing has seen leaps in advancement in recent years, allowing users to render increasingly sophisticated creations from the comfort of their own home. These creations can include anything from gaming miniatures...more
Foreword - In legal sense, "architectural works" refer to works with aesthetic significance expressed in the form of buildings or structures, which are protected by Copyright Law. However, landmark buildings have public...more