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Foster Swift Collins & Smith

Recommendations on AI and Copyrightability from the U.S. Copyright Office’s Latest Report

The United States Copyright Office (the “Office”) released the latest part in its Report on Copyright and Artificial Intelligence on January 29, 2025. Part 1, titled “Digital Replicas” was published on July 31, 2024 and...more

Dorsey & Whitney LLP

Generative AI and the Copyright Office - Part 2 of Long-Awaited Guidance, But Will It Continue?

Dorsey & Whitney LLP on

On January 29, the U.S. Copyright Office released Part 2 of its planned 3-part report on the legal and policy issues related to copyright and artificial intelligence (AI). Part 1 of the report, which was published in July...more

Skadden, Arps, Slate, Meagher & Flom LLP

Copyright Office Publishes Report on Copyrightability of AI-Generated Materials

The United States Copyright Office (USCO) has released its report on the copyrightability of outputs generated by artificial intelligence (AI) systems (the Report). This is the second of three reports the USCO plans to...more

McDermott Will & Emery

Gentlemen, Start Your Engines: Even Bland Works Support Copyright

The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more

Weintraub Tobin

Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection

Weintraub Tobin on

In JBrick, LLC v. Chazak Kinder, Inc. et al, 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the...more

Davis Wright Tremaine LLP

D.C. Federal District Court Holds Work Created Entirely by an AI System Cannot Be Copyrighted

On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's...more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

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It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more

McDermott Will & Emery

By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit affirmed a jury verdict in favor of a copyright owner in a lawsuit alleging infringement of the copyright in a home-services training manual, finding that the jury was correctly...more

International Lawyers Network

Can You Register a Copyright on a Short Work of Words and Artistic Designs?

Suppose that you have expressed your work into a tangible form such as a short expression of words and artistic designs.  Although your copyright exists upon the moment of creation, does the work contain a sufficient amount...more

Hogan Lovells

Ninth Circuit holds that determination of copyright originality ill-suited for disposition on a motion to dismiss

Hogan Lovells on

The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more

Knobbe Martens

The Crown Jewels: How to Protect Your Jewelry Designs

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Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more

Knobbe Martens

Anything Your Heart Designs: Swarovski Hit with Copyright Infringement of Galatea’s “Two In One Heart” Design

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On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more

Downey Brand LLP

Copyright Protection for Tattoos: Are Tattoos Copies?

Downey Brand LLP on

Abstract - This Note argues that, although “flash art” and other drawings upon which a tattoo may be based are likely copyrightable subject matter under the Copyright Act of 1976 (Copyright Act), the policy implications...more

Knobbe Martens

Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision

Knobbe Martens on

On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more

Ladas & Parry LLP

Copyright Protection For Mass-Produced Articles In The United Kingdom

Ladas & Parry LLP on

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the...more

Foley Hoag LLP - Making Your Mark

Copyright At The Museum: Musings In Anticipation Of The IPO Dinner At The MOMA

As a fan of modern art, I am looking forward to the dinner reception at next week’s Annual Meeting of the Intellectual Property Owners Association (IPO), which will be held at New York’s Museum of Modern Art. As a member of...more

Foley Hoag LLP - Making Your Mark

Don’t Think About Copyright Law on Labor Day

Labor Day is the wrong time to think about copyright law, especially in 2016, because this year marks the twenty fifth anniversary of the Supreme Court’s decision in Feist Publications v. Rural Telephone Service, 499 U.S. 340...more

Foley Hoag LLP - Making Your Mark

Jimi Hendrix Portrait Denied Copyright Protection For Lack of Originality

France is often presented as a country which is quite protective of IP owners, especially in the field of trademarks and copyright.? However, a recent decision rendered by the Paris District Court in relation to a portrait of...more

Mintz - Trademark & Copyright Viewpoints

Does A Valid Copyright Exist In The Song “Happy Birthday To You”?

Ownership of a copyright in one of the most popular songs in the English language has recently been challenged in several lawsuits around the country. At the heart of the dispute is whether the music publisher Warner...more

Sheppard Mullin Richter & Hampton LLP

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more

Knobbe Martens

IP 101 – 10 Things to Know About Copyrights

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1. What is a copyright? Copyright protection exists in any original “expression” of an idea that is fixed in any physical medium, such as paper, digital media, or film. Copyrights cover such diverse things as art,...more

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