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The Copyright Act Copyright Registration Intellectual Property Protection

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

Venable LLP on

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more

Troutman Pepper

Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward

Troutman Pepper on

In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more

Bradley Arant Boult Cummings LLP

What Does It Mean to be Human: Copyright Office Confirms That AI-Generated Works Are Not Works of Human Authorship

The U.S. District Court for the District of Columbia recently found that human prompting of AI-generated works does not satisfy the “authorship” requirement for copyright protection. Under the Copyright Act of 1976, copyright...more

McDermott Will & Emery

Almost Paradise? No Authorship for AI “Creativity Machine”

McDermott Will & Emery on

The US District Court for the District of Columbia agreed with the US Copyright Office’s denial of a copyright application that sought to register visual art generated by artificial intelligence (AI) because US copyright law...more

Ladas & Parry LLP

Copyright Protection for Works Resulting From Some Use of Artificial Intelligence in the United States

Ladas & Parry LLP on

17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more

AEON Law

Patent Poetry: Why it’s important to register your copyrights

AEON Law on

As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time;...more

International Lawyers Network

Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – March 2022: An End to a Trip in Paradise: The U.S. Copyright Office's Position on AI-Generated Art

In 1884, the Supreme Court upended the view that reproductions made by a machine could not qualify for copyright protection. The Court held that a “machine-made” image, meaning a photograph, titled Oscar Wilde, No. 18....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – March 2022

Thank you for reading the March 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss copyright registration eligibility in relation to non-human authorship and new legislation surrounding...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2021: Unicolors Regroups and Gets Supreme Court to Consider Copyright Invalidation Standard

Earlier this month, the Supreme Court granted Unicolors' request for review of the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (9th Circ. 2020). According to Unicolors, the Ninth Circuit’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2021

The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more

Wilson Sonsini Goodrich & Rosati

A Common Dilemma: Responding to Copyright Trolls

The following scenario is all too common for those who post content on the web. Imagine you create a website that, unbeknownst to you, includes some form of work (say, a photograph) that is copyrighted to someone else....more

Weintraub Tobin

“Birds Of A Feather” – The Ninth Circuit Confronts “Single Unit Of Publication” Copyright Issue

Weintraub Tobin on

Unicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers. Some of these designs are marketed to the public and placed in its showroom while other designs are considered “confined” works...more

Seyfarth Shaw LLP

COVID-19 Extensions to Protect Copyright Owners: Maximizing Economic Remedies in a Period of Uncertainty

Seyfarth Shaw LLP on

The US Copyright Office has exercised its authority under the CARES Act in an attempt to blunt the adverse effects of the COVID-19 pandemic on visual artists, musicians, and other content creators—along with the companies...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Copyrights

Womble Bond Dickinson on

Copyrights protect original works of authorship. This gives a copyright holder exclusive rights to modify, distribute, perform, display, and copy the work. However, as with other forms of intellectual property, there are...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: The Switch by Nine Compels “A Stitch in Time” Approach to Copyright Filings

The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more

Stinson LLP

Supreme Court Holds Copyright Owners Must Wait to Commence an Infringement Suit Until After the Copyright Office Acts

Stinson LLP on

Although copyright registration is voluntary, the U.S. Copyright Act incentivizes copyright owners to register their works with the U.S. Copyright Office....more

Locke Lord LLP

Register Before You Sue: SCOTUS Affirms Registration by Copyright Office as a Prerequisite to Infringement Litigation

Locke Lord LLP on

Someone has infringed your copyright. Can you immediately file a copyright infringement lawsuit Well, that depends. Specifically, it depends on whether you have registered your copyright with the U.S. Copyright Office....more

Fish & Richardson

Supreme Court to Resolve Copyright Registration Circuit Split

Fish & Richardson on

On June 28, the Supreme Court announced that it will address the long-standing circuit split regarding the Copyright Act’s prerequisite for copyright infringement suits. Although a copyright registration is not required...more

Dorsey & Whitney LLP

BREAKING NEWS: The Supreme Court Finally Will Resolve the Copyright Registration Circuit Split

Dorsey & Whitney LLP on

Under U.S. Copyright Law, copyright protection affixes to “original works of authorship fixed in any tangible medium of expression.” While copyright registration is not required to claim copyright rights, Section 411(a) of...more

Snell & Wilmer

SCOTUS to Consider Copyright Registration Circuit Split

Snell & Wilmer on

The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright...more

Mintz - Trademark & Copyright Viewpoints

When is a Copyright “Registered” for Purposes of Filing Suit?

On May 18, 2017, the Eleventh Circuit Court of Appeals dismissed a copyright infringement complaint and added further to a circuit split on when copyright “registration” occurs for purpose of filing a copyright infringement...more

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