(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
Ready to Publish a Book? Hear how from Naren Aryal of Amplify Publishing Group: On Record PR
Publishing Alone Isn’t Enough, Law Firms Should Have an Integrated Strategy for Their Blogs
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Perhaps lost in all of the commentary and handwringing over AI and what to do with the works it creates is how we care for copies of human-authored works. ...more
Defamation lawsuits are on the rise in the United States, and have been for several years. Because defamation litigation is so increasingly relied upon as a means to address reputational injury, it is appropriate to examine...more
In early December 2025, the Southern District of New York issued a decision in Level 12 Productions, LLC v. Mediaite, LLC. The holding highlights a growing risk for publishers and businesses that use embedded social media...more
The battle between Google and “Fortnite” developer Epic Games is set to reshape how developers, publishers, and their financial backers approach Android as a commercial platform....more
The United States District Court for the Southern District of New York recently ruled, in favor of publishers and advertisers, that Google monopolized worldwide markets for publisher ad servers and ad exchanges and unlawfully...more
In copyright suit brought by music publishers against AI developer Anthropic, district court denies Anthropic’s motion to dismiss amended claims of secondary copyright infringement, finding publishers plausibly alleged that...more
Digital media platforms—including websites, mobile applications, and social media channels—are essential tools for brands and publishers to connect with consumers. But these platforms also present a range of legal risks,...more
In copyright infringement and false designation of origin action brought by owners of The Wall Street Journal and the New York Post, district court holds that San Francisco-based Perplexity AI Inc. is subject to personal...more
A federal grand jury has charged three individuals with orchestrating a publishing and media scam that defrauded more than 800 authors of over $44 million. The case serves as a stark reminder of the legal risks authors face...more
Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more
A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and the right of publicity. Lee claims the publisher used his photos of Beyoncé, Jennifer...more
There are a lot of exciting emerging trends in the book publishing industry that are responsible for its consistent growth....more
On April 17, 2025, U.S. District Judge Leonie Brinkema held that Google had violated both Sections 1 and 2 of the Sherman Act by unlawfully monopolizing the publisher ad server and ad exchange markets and engaging in...more
The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025....more
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for...more
In a significant move to address the tension between copyright and generative artificial intelligence (AI), the UK’s Copyright Licensing Agency (CLA), Authors’ Licensing and Collecting Society (ALCS), and Publishers’...more
In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more
The term “Hollywood accounting” describes the stigmatized financial practices employed not only by film studios but also other powerful entities that pay creators, whether they are streaming platforms, recording labels, or...more
The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital...more
The Mechanical Licensing Collective (“MLC”) was created to make paying songwriters and publishers easier. Just as performance rights organizations issue blanket licenses to music users (radio stations, television, venues,...more
In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more
In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more
In my work for the Texas Association of Broadcasters, I had a ringside seat for some pitched battles to save landmark statutes protecting public access to government records and free speech against encroachment by bills that...more
On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more
Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Woodward later released these recordings as a separate audiobook. Trump claims that Woodward...more