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Fair Use › Statutory Damages

Sunstein LLP

Examining the Possibility of Compulsory Copyright Licensing for LLM Training

Sunstein LLP on

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

Sunstein LLP

The New York Times v. OpenAI: The Biggest IP Case Ever

Sunstein LLP on

On December 27, 2023, the New York Times filed a complaint in the Southern District of New York against Microsoft and OpenAI, alleging massive copyright infringement. This promises to be the most high-stakes intellectual...more

McDermott Will & Emery

A Single Picture Database Is Worth a Thousand Statutory Damages Awards

McDermott Will & Emery on

In the latest appeal of a copyright infringement dispute, the US Court of Appeals for the Ninth Circuit upheld the lower court’s finding that the copyright owner’s photographs were not part of a single compilation for...more

Kerr Russell

Common Mistakes That Can Attract Copyright Trolls

Kerr Russell on

In order to avoid being a victim of a “copyright troll,” businesses need to be vigilant about the content they post on social media, websites and other promotional materials...more

ArentFox Schiff

Slowly Resolving the Uncertainty Surrounding Tattoos and Copyright Law: Solid Oak Sketches V. 2k Games and Take-Two

ArentFox Schiff on

Although it is generally accepted that tattoos are copyrightable, one of the only definitive judicial statements on the issue came by way of a preliminary injunction hearing in 2011 involving Mike Tyson’s famous tribal face...more

Dorsey & Whitney LLP

Absolute Lowest Possible Statutory Damages Award Ordered for Infringing a Viral and Potentially Lucrative Photo of Trump

Dorsey & Whitney LLP on

You may have heard: infringing a viral photo of the current President of the United States will only cost you $750. Setting aside whether that valuation was at all related to the subject matter of the photo, let’s talk about...more

McDermott Will & Emery

No Jury Trial for Trademark Infringement Claims

McDermott Will & Emery on

In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more

Jaburg Wilk

Proper Use of Photographs on Amazon

Jaburg Wilk on

Great photographs of your product are essential to a successful Amazon listing. Following certain basic rules is critical to keeping your listing from being shut down. In addition to satisfying the minimum requirements so...more

Bennett Jones LLP

Yes—Copying Photographs from the Internet Can Get You into Trouble

Bennett Jones LLP on

Although it happens all the time, reproducing photographs found on the internet for use in business is fraught with risk. Businesses should only copy images where there is clear permission to use them—or face a substantial...more

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