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The Copyright Act › Fair Use › Summary Judgment

Womble Bond Dickinson

Multiple California Courts Enter Summary Judgment That Using Copyrighted Material to Train AI Platforms is Fair Use

Womble Bond Dickinson on

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

Falcon Rappaport & Berkman LLP

Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

Falcon Rappaport & Berkman LLP on

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

McDermott Will & Emery

Publisher’s Fair Use Defense Dries Up

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit overturned a district court’s summary judgment, rejecting an accused publisher’s argument that their use of copyrighted photos embedded in articles was fair use under the...more

McDermott Will & Emery

Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis

McDermott Will & Emery on

Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

McDermott Will & Emery on

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Akerman LLP - Marks, Works & Secrets

Ninth Circuit Says “Let’s Go Crazy” On Fair Use of Prince Song In YouTube Video

Akerman LLP - Marks, Works & Secrets on

n Lenz v. Universal Music Corp. et al, the Ninth Circuit held that the Digital Millennium Copyright Act (the “DMCA”) requires copyright holders to consider fair use before sending a takedown notice and that the failure to do...more

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