News & Analysis as of

The Copyright Act Intellectual Property Protection

Loeb & Loeb LLP

Woodland v. Hill

Loeb & Loeb LLP on

Ninth Circuit affirms dismissal of copyright infringement claim against musician Lil Nas X, finding that mere availability of plaintiff influencer’s photographs on Instagram does not amount to access to those photographs and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Copyright Office Weighs In on AI Training and Fair Use

On May 9, 2025, the United States Copyright Office (the USCO) released a 108-page report on whether the unauthorized use of copyrighted materials to train generative artificial intelligence (AI) systems is defensible as a...more

Felicello Law PC

What to Expect in a Copyright or Trademark Infringement Lawsuit

Felicello Law PC on

No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

Dorsey & Whitney LLP on

Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more

Carlton Fields

No Copyright Protection for AI-Assisted Creations: Thaler v. Perlmutter

Carlton Fields on

Dr. Stephen Thaler’s attempts to obtain intellectual property protection for artificial intelligence were once again shot down by the courts, when the U.S. Court of Appeals for the District of Columbia affirmed that the...more

Mayer Brown

Appellate Court Confirms Copyright Statute Limits Authorship to Humans, Foreclosing Copyright Registration for Content Solely...

Mayer Brown on

AT A GLANCE - On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed decisions by a lower court and the United States Copyright Office that human authorship is required to...more

Womble Bond Dickinson

D.C. Circuit Denies Copyright to AI Artwork - What Humans Have and Artificial Intelligence Does Not

Womble Bond Dickinson on

Can a non-human machine be an author under the Copyright Act of 1976? In a March 18, 2025 precedential opinion, a D.C. Circuit panel affirmed prior determinations from the D.C. District Court and the Copyright Office that an...more

Goodwin

DC Circuit Holds That AI Cannot Be an Author Under Copyright Law

Goodwin on

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the Copyright Office’s position that artificial intelligence cannot be an author under the Copyright Act....more

Schwabe, Williamson & Wyatt PC

Court Rules AI Can’t Author a Copyrighted Work

On March 18, the U.S. Court of Appeals for the Federal Circuit issued a decision in the Thaler v. Perlmutter case, which confirmed the refusal of copyright registration for a work created entirely by an artificial...more

Lowndes

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

Lowndes on

On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more

ArentFox Schiff

Court Decision: Worldwide Rights Lost When a Songwriter Terminates Under US Copyright Law

ArentFox Schiff on

In its ruling in the case Cyril E. Vetter, Et Al. v. Robert Resnik, No. 23-1369-SDD-EWD (M.D. La. Jan. 29, 2025), the US District Court for the Middle District of Louisiana ruled that the US songwriter-plaintiff Vetter...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Bitmanagement Software GmbH v. United States

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

McDermott Will & Emery

Interoperability Doesn’t Imply Derivative Work

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit explained that to be a derivative work, a program interoperative with another must actually incorporate aspects of the underlying work. The Court further ruled that licensees of a...more

McDermott Will & Emery

Focus on Funk: 40-Year-Old Copyright Claim Is Time-Barred

McDermott Will & Emery on

In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader...more

Skadden, Arps, Slate, Meagher & Flom LLP

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Irwin IP LLP

Sheeran Strikes a Chord: Second Circuit Finds No Infringement of “Let’s Get It On”

Irwin IP LLP on

Structured Asset Sales, LLC v. Sheeran, No. 18-cv-5839 (2d Cir. Nov. 1, 2024) - On November 1, 2024, the Second Circuit affirmed the district court’s entry of summary judgment that Ed Sheeran’s Thinking Out Loud (“TOL”)...more

Vondran Legal

Copyright Derivative Work Ideas from Attorney Steve

Vondran Legal on

According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements,...more

Irwin IP LLP

The McFlurry is Not McBroken Anymore!

Irwin IP LLP on

U.S. Copyright Office, Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 89 Fed. Reg. 42 (Oct. 28, 2024) - If you ever wondered why it seemed like McDonald’s...more

Venable LLP

Protecting Your Intellectual Property Rights in Data

Venable LLP on

To protect its data and better compete in the market, an organization must treat its data as an intellectual property. That means understanding the different intellectual property regimes and their accompanying requirements....more

Vondran Legal

Flava Works sues 23 DOES in Illinois

Vondran Legal on

Flava Works used to file a good number of file-sharing lawsuits.  I have not seen alot lately.  However, they have just filed a mass Doe Defendant lawsuit in Illinois Federal Court (Northern District) alleging copyright and...more

Maynard Nexsen

Court Rules Federal Trade Secrets Law Applies To Conduct And Sales Outside The U.S.

Maynard Nexsen on

On July 2, 2024, in Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., 108 F.4th 458 (7th Cir. 2024), the U.S. Court of Appeals for the Seventh Circuit held as a matter of first impression at the appellate level...more

Irwin IP LLP

Internet Archive’s Free E-Book Lending Not Fair Use

Irwin IP LLP on

Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library...more

McDermott Will & Emery

Even Free Libraries Come With a Cost

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

McDermott Will & Emery

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

McDermott Will & Emery on

In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

280 Results
 / 
View per page
Page: of 12

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide