News & Analysis as of

Intellectual Property Protection Motion to Dismiss Copyright Litigation

Loeb & Loeb LLP

Eden Film Production LLC v. Lockjaw LLC

Loeb & Loeb LLP on

District court dismisses claim for copyright infringement against writers, producers and distributors of television show Yellowjackets, holding no substantial similarity between protectable elements of Yellowjackets and...more

Seyfarth Shaw LLP

Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit

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Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more

Sheppard Mullin Richter & Hampton LLP

Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more

Sheppard Mullin Richter & Hampton LLP

Jobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on AI-Created Database

We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more

Foley Hoag LLP - Making Your Mark

How Original! The Oscars and the Craft of Derivative Works

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn...more

Farella Braun + Martel LLP

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Grants Motion To Dismiss in Kadrey AI Training Data Case

Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more

McDermott Will & Emery

A Textbook Example: Single Online Sale Does Not a Minimum Contact Make

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s grant of a motion to dismiss for lack of personal jurisdiction, finding that a single online sale did not establish minimum contacts to support...more

Dorsey & Whitney LLP

Artists v. AI Images

Dorsey & Whitney LLP on

AI technology is developing at a tremendous pace and AI image creation is no exception. AI images are even winning art contests. Since AI generates artistic images modeling others’ work, human artists are asking “is it...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun...

Weintraub Tobin on

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo...more

Weintraub Tobin

The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

Weintraub Tobin on

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo...more

Weintraub Tobin

The Briefing by the IP Law Blog: Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’ ...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’ ...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

Robins Kaplan LLP

Plaintiff’s Claims Don’t Hold Water – Judge Tosses ‘Shape of Water’ Copyright Suit

Robins Kaplan LLP on

In June, I reported on a copyright infringement case concerning Oscar-winning film, The Shape of Water. The suit was filed in February in the U.S. District Court in Los Angeles, on the same day that the Academy voters started...more

Robins Kaplan LLP

The Shape of Water Tries to Shake off Plagiarism Controversy

Robins Kaplan LLP on

The Shape of Water, winner of four Oscars this year, is defending itself in a copyright infringement lawsuit which asserts the film copies a 1969 sci-fi play.  The suit was filed on February 21, 2018, just one day after Oscar...more

Robins Kaplan LLP

Notorious B.I.G Estate Evades Copyright Lawsuit

Robins Kaplan LLP on

The estate of Christopher Wallace, better known as The Notorious B.I.G. or Biggie Smalls, reigned supreme last week in the Southern District of New York after U.S. District Judge Alison J. Nathan dismissed a copyright suit...more

Proskauer - New England IP Blog

Judge Saris Opines on Copyright Infringement in 3-D Greeting Card Case

On February 22, Chief Judge Saris in the District of Massachusetts issued an opinion on a motion to dismiss implicating several complex copyright infringement issues. The Chief Judge’s ruling analyzed whether several...more

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