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The Copyright Act Intellectual Property Protection

DarrowEverett LLP

AI Created It—But Do You Own It? IP Issues Explained

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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

Ballard Spahr LLP

Novel Ruling Offers Framework for ‘Fair Use’ of Copyrighted Material for Training AI Systems

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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

Frost Brown Todd

Midjourney Faces Disney Lawsuit Just as Court Backs Fair Use in AI Training

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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

Falcon Rappaport & Berkman LLP

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

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

ArentFox Schiff

Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications

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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

IR Global

Copyright Protection Explained

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What Is Copyright Protection? When Should A Copyright Be Filed? What is copyright? Copyright is a United States Constitutional right that provides protection to works of original authorship...more

Dorsey & Whitney LLP

Sharing the Stage: How Tempo Music Investments LLC v. Miley Cyrus et al Reinforces Copyright Co-owner Rights

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A recent ruling from the United States District Court for the District of Central California in the lawsuit against Miley Cyrus and others for the song “Flowers” highlighted the power that a single copyright co-owner holds in...more

Loeb & Loeb LLP

Woodland v. Hill

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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

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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.

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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

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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...

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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

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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

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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

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