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Judges Take Divergent Paths to Find AI Training "Fair Use"

Two California district court judges recently issued competing rulings pertaining to fair use as a defense against the alleged improper use of copyrighted works to train large language models (LLMs). The two orders, issued...more

Who Owns Creativity? — AI in Entertainment

The use of artificial intelligence (AI) in the film and television industry in content creation raises many legal and business issues. One key issue is the ownership of the works generated using AI and the ability to register...more

Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For...

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”),...more

Supreme Court Will Hear Case ‎Clarifying Extent of Damages ‎Available in Copyright ‎Infringement Lawsuits

The United States Supreme Court granted certiorari to petitioner, Warner Chappell, to clarify whether the Copyright Act precludes retrospective relief for infringing acts occurring more than three years before a plaintiff...more

A Fair Decision for Creativity? SCOTUS ‎Finds No Fair Use in Warhol Prince Portrait

On May 18, 2023, the United States Supreme Court held that the “purpose and character” of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s portrait of Prince did not favor a determination of fair use....more

Copyright Small Claims Court: A New (Limited) Way to Enforce Copyrights

Good news for copyright holders – there is now a less costly alternative to enforcing certain ‎copyrights in the form of a copyright-only small claims court.‎...more

Google LLC v. Oracle America, Inc.

On April 5, 2021, the United States Supreme Court held that Google did not infringe on Oracle’s copyrights by copying 11,500 lines of Oracle’s Java SE API code....more

SCOTUS Holds that Annotations to Georgia Code Are Not Copyrightable

On April 27, 2020, the United States Supreme Court held that annotations in the State of Georgia’s official codes are not eligible for copyright protection. The 5-4 decision marked the first time in over a century that the...more

Time to Renew DMCA Designated Agent Registrations

For service providers that registered a DMCA agent through the Copyright Office’s online-only system established in December 2016, the time has come to re-register....more

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

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

DMCA Designated Agent Directory Goes Digital

The deadline is fast approaching. A reminder to all service providers that the Copyright Office is transitioning to a permanent, online only DMCA registration procedure. If you have a designated Copyright Agent on file at the...more

SCOTUS Finds Cheerleader Designs Copyrightable

In a highly anticipated decision, the Supreme Court of the United States held on March 22, 2017 that the “pictorial, graphic or sculptural features” of the “design of a useful article” can be protected by copyright under...more

DMCA Designated Agent Directory Goes Digital

Effective on December 1, 2016, the U.S. Copyright Office has formally replaced the existing paper-based “interim” DMCA agent registration procedure with a permanent, online-only system. Under the Digital Millennium...more

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