News & Analysis as of

Transformative Use Summary Judgment Appeals

Fenwick & West LLP

Two Federal Courts Rule That Reproduction of Books to Train LLMs Is Fair Use - But with Caveats and Strikingly Different Views

Fenwick & West LLP on

In separate high-profile actions brought by authors against Anthropic and Meta, two California federal judges ruled that the reproduction of copyright-protected books to train large language models (LLMs) was fair use that...more

McDermott Will & Emery

Anthropic and Meta fair use rulings on AI model training

McDermott Will & Emery on

America’s frontier artificial intelligence (AI) labs have faced years of copyright litigation over their ingestion of books, news, and other expressive works. Yet, until this week, no US court had squarely applied the four...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

Knobbe Martens

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

Knobbe Martens on

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

Dorsey & Whitney LLP

The Second Circuit Gets the Joke - Affirms Dismissal of Trademark Parody Lawsuit

Dorsey & Whitney LLP on

Last January, we blogged about a district court decision involving trademark parody in Louis Vuitton Malletier, S.A. v. My Other Bag, Inc. In that decision, the court held that defendant My Other Bag had convincingly argued...more

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