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Litigation Strategies Copyright Litigation Copyright Infringement

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Copyright Suit Over Sam Smith’s “Dancing with a Stranger” and Reaffirms the Jury’s Role

On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

ArentFox Schiff

Moana’s Legal Odyssey: Five-Year Copyright Dispute Ends With Disney Sailing Free

ArentFox Schiff on

This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just...more

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