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Copyright › Copyright Management Information (CMI)

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Skadden, Arps, Slate, Meagher & Flom LLP

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

Skadden, Arps, Slate, Meagher & Flom LLP on

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Venable LLP

DMCA Question Certified for Appellate Court in Action Involving Artificial Intelligence

Venable LLP on

On September 27, 2024, in J. Doe 1 v. Github, Inc., 22-cv-06823-JST, the U.S. District Court for the Northern District of California certified an order dismissing Plaintiffs' claims under Section 1202(b) of the Digital...more

Weintraub Tobin

Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

Weintraub Tobin on

OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging...more

Vondran Legal

Copyright Fair Use Examples

Vondran Legal on

Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more

McDermott Will & Emery

DMCA Scienter Requirement Not Satisfied without Evidence of Knowledge of Inducement or Concealment

McDermott Will & Emery on

Interpreting a provision of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1202(b), for the first time, the US Court of Appeals for the Eleventh Circuit affirmed a summary judgment ruling that the plaintiff failed...more

McDermott Will & Emery

Buzz-sawed: Give Copyright Credit or Face Statutory Damages, Fees, Costs

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more

Jackson Walker

Internet of Things Part 3: How Your Smart Toothbrush Is An Idea Worth Protecting

Jackson Walker on

Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more

McDermott Will & Emery

Innocent Until Proven Knowledgeable

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit clarified the requirements of § 1202 of the Digital Millennium Copyright Act, particularly with respect to copyright management information (CMI), holding that this section was...more

Weintraub Tobin

Ninth Circuit Rejects “General Possibility” Of Infringement Theory

Weintraub Tobin on

Today’s real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license...more

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