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Motion for Summary Judgment Copyright

Venable LLP

Court Holds That Anthropic’s Training of AI Using Legally Obtained Books Is Fair Use, but Storage of Pirated Books Is Not

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On June 23, 2025, Judge Alsup in the Northern District of California issued an order in Bartz et al. v. Anthropic PBC, granting in part and denying in part Defendant Anthropic’s motion for summary judgment on the sole issue...more

McDermott Will & Emery

Canadian Legal Code? Copying Foreign Law Can’t Infringe Copyright Under US Law

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024)...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

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There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

Dorsey & Whitney LLP

“All the Way Up” to the Second Circuit

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Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc....more

Weintraub Tobin

The Briefing by the IP Law Blog: San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc....more

Fenwick & West LLP

Who Owns a Photograph in the Social Media Age?

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Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

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Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Dorsey & Whitney LLP

Andy Warhol's Prince Series Portraits Held Fair Use of Photograph

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Earlier this summer, in The Andy Warhol Foundation for the Visual Arts v. Goldsmith, the federal district court for the Southern District of New York held that Andy Warhol’s artwork series depicting the late singer Prince was...more

McDermott Will & Emery

No Gold for Inaccurate Copyright Application

The US Court of Appeals for the Ninth Circuit affirmed a district court decision invalidating a copyright registration because the registration contained knowingly inaccurate information. Gold Value Int’l Textile v. Sanctuary...more

Dorsey & Whitney LLP

Trump’s a Wedding Crasher and News Outlets Can’t Poach Photos Off Instagram

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A lesser-known feature of selecting a TRUMP-branded property as a wedding venue is that the President himself may decide to crash your wedding. It also may end up leading to a substantial copyright law development,...more

Dorsey & Whitney LLP

Jay-Z Got 99 Problems but the Statute of Frauds Ain’t One

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After a six year legal battle, superstar rapper Shawn Carter (“Jay-Z”) and his former partners Damon “Dame” Dash and Kareem “Biggs” Burke successfully defended their use of Roc-A-Fella Records’ iconic logo. Walker v. Carter,...more

Fox Rothschild LLP

Prince Prints Spark Copyright Controversy

Fox Rothschild LLP on

In dueling motions for summary judgment over copyright infringement claims, The Warhol Foundation butts heads with a photographer whose photo was a source for Warhol’s “Prince Series.” Lynn Goldsmith is a self-described...more

Dorsey & Whitney LLP

UPDATE #2: Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs?

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On September 17, 2018, Judge Steven V. Wilson of the federal court of the Central District of California ruled on General Motors’ motion for summary judgment in Falkner v. GM, a copyright action concerning graffiti artists’...more

Dorsey & Whitney LLP

UPDATE #1: Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs?

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Last month we blogged about Falkner v. General Motors Co.—a federal court action filed earlier this year that may decide whether graffiti artists can enforce their copyrights in graffiti appearing on publicly-viewable...more

Jones Day

Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines...

Jones Day on

When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day’s Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit’s decision—on “narrow grounds”—in the Blurred...more

Pillsbury - Internet & Social Media Law Blog

Fox News & Fair Use: How Transformed Does Reposted Content Need to Be?

At its heart, social media’s purpose is sharing content; however, fair use can only take one so far. A recent case serves as yet another reminder to exercise caution when reposting content, and that, in a litigious society,...more

BakerHostetler

California Court Rules No Copyright Protection for “Happy Birthday to You”

BakerHostetler on

This week, in Rupa Marya, et al. v. Warner/Chappel Music, Inc., et al., No. CV 13-4460-GHK (C.D. Cal. Sept. 22, 2015), U.S. District Judge George H. King ruled that defendant Warner/Chappel Music has no enforceable copyright...more

Foley & Lardner LLP

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

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In a divided en banc decision in SCA Hygiene Products v. First Quality Baby Products, the Federal Circuit preserved the defense of laches for patent cases even though the Supreme Court eliminated that defense in copyright...more

Proskauer - New England IP Blog

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

JAMS

60s On 6; Sirius Trouble

JAMS on

SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the...more

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