(Podcast) The Briefing: Protecting Fictional Characters – Copyright and Trademark Strategies
(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
(Podcast) The Briefing: Millions at Stake – How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
The Briefing: Millions at Stake – How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith
The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
Podcast: The Briefing by the IP Law Blog - The Essential Purpose of the Short Form Copyright Assignment (Archive)
The Briefing by the IP Law Blog: Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
The Briefing by the IP Law Blog: SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
Podcast - The Briefing by the IP Law Blog: A Spooky Copyright Decision for Producers of Friday the 13th Franchise
The Briefing by the IP Law Blog: A Spooky Copyright Decision for Producers of Friday the 13th Franchise
DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) - On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc....more
In a decision potentially implicating a number of universities and creative employees, a federal court in Vermont recently held that the University of Vermont (UVM) owned the copyright to a new athletic logo created by a...more
Santos v. Kimmel, No. 24-2196-cv, 2025 WL 2825050 (2d Cir. Oct. 6, 2025) - Fair use just got a late-night twist: the Second Circuit says Jimmy Kimmel’s jokes about former Congressman George Santos were more than funny—they...more
The Ninth Circuit recently issued a partial reversal of a grant of summary judgment to Disney in a dispute stemming from the misuse of motion capture software. This case arose when Disney's visual effects contractor, Digital...more
If you are crafting a book, screenplay, film, or any other creative work, copyright law can be both a shield and a tool for protecting your ideas. Imagine spending years finalizing a creative work only to discover another has...more
The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more
Earlier this week, the U.S. District Court for the Western District of Texas joined a number of other federal district courts that have challenged, narrowed, or simply rejected the applicability of the “server test,”...more
Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more
In President Donald Trump’s lawsuit against journalist Robert Woodward arising from Woodward’s publication of audio recordings of Woodward’s interviews of Trump in 2019 and 2020, district court dismisses Trump’s second...more
In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a...more
On July 17, 2025, US District Court Judge William Alsup approved a class certification against Anthropic for copyright infringement. According to Judge Alsup, it will be straightforward for the entire class to prove harm...more
Another federal court recently ruled that using copyrighted books to train artificial intelligence (AI) systems can qualify as fair use under the U.S. Copyright Act. This time, the court said that, because the issue of market...more
The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the...more
Floor plans are a key part of real estate listings, providing fundamental information about the layout of a building to prospective buyers or renters. But home designer Charles James and his company Designworks Homes, Inc....more
As artificial intelligence (AI) technologies increasingly generate content, designs, code, inventions, and even music, businesses face a pressing legal question: who owns the output when a machine creates it? The legal...more
The US District Court for the Northern District of California granted summary judgment in favor of an artificial intelligence (AI) company, finding that its use of lawfully acquired copyrighted materials for training and its...more
The recent federal court finding—that using copyrighted books to train an AI large language model (LLM) qualifies as fair use—provides some guidance for companies developing or deploying generative AI systems and for...more
On June 11, 2025, Disney and several affiliated production companies filed a federal lawsuit against Midjourney, Inc., a leading artificial intelligence (AI) image-generation platform. The suit alleges “calculated and...more
Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI),...more
Within a roughly one-week period in late June 2025, two federal judges in the Northern District of California entered summary judgment rulings on the issue of “fair use” in connection with generative AI platforms’ use of...more
In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without...more
The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer....more
The Copyright Act does not expressly address the protection of individual characters in expressive works, but courts have long recognized that certain characters, particularly those with strong visual or narrative identities,...more
Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the...more