- What is new: A recent decision from the Southern District of New York, in Lehrman & Sage v. Lovo, Inc., addresses the intersection of AI voice cloning technology and intellectual property rights, focusing on contract law,...more
The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more
3/21/2025
/ Appeals ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Copyrightable Subject Matter ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Ownership of Works ,
Technology Sector
In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more
2/14/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Data Collection ,
Fair Use ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Technology ,
Thomson Reuters
The United States Copyright Office (USCO) has released its report on the copyrightability of outputs generated by artificial intelligence (AI) systems (the Report). This is the second of three reports the USCO plans to...more
The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more
5/22/2024
/ Artificial Intelligence ,
Copyright ,
Copyright Litigation ,
Copyright Registration ,
Corporate Counsel ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Motion to Dismiss ,
Preemptive Challenges ,
Technology ,
The Copyright Act ,
Web Scraping
On May 9, 2024, in Warner Chappell Music, Inc. v. Nealy, the U.S. Supreme Court ruled 6-3 that a copyright owner is entitled to monetary relief for timely infringement claims — i.e., claims brought within the Copyright Act’s...more
On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith et al., No. 21-869, analyzing the Copyright Act’s first fair...more
5/22/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
Dispute Resolution ,
Fair Use ,
Machine Learning ,
SCOTUS ,
The Copyright Act ,
Transformativeness
On February 24, 2022, the U.S. Supreme Court held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that the safe harbor provision concerning inaccurate information in copyright registrations, as set forth at 17 U.S.C. §...more
[co-author: Avanthi Cole]
Main Quest - How To Tell ROM From Right -
As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store,...more
Main Quest - ‘Mint’ Conditions: NFTs and Video Games -
Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more
9/17/2021
/ Blockchain ,
Copyright ,
Copyright Infringement ,
eSports ,
First Amendment ,
Gaming ,
Intellectual Property Protection ,
IP License ,
Microsoft ,
Nintendo ,
Non-Fungible Tokens (NFTs) ,
Online Gaming ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Right of Publicity ,
Sony ,
Trademark Infringement ,
Trademarks ,
Video Games
On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 vote in Georgia v. Public.Resource.Org, Inc., 590 U.S. ____, that pursuant to the “government edicts” doctrine, annotations to Georgia’s state code could not be...more
4/30/2020
/ Annotated Case Law ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Georgia v. Public.Resource.Org Inc ,
Government Edicts Doctrine ,
Legislative Duties ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statutory Code ,
The Copyright Act
On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act.
In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more
3/5/2019
/ Appeals ,
Copyright ,
Copyright Applications ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Expert Fees ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Judicial Discretion ,
Litigation Fees & Costs ,
Petition for Writ of Certiorari ,
Popular ,
Prevailing Party ,
Reaffirmation ,
Remand ,
Remedies ,
Reversal ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On June 28, 2018, the U.S. Supreme Court granted petition for writ of certiorari in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, on appeal from the U.S. Court of Appeals for the Eleventh Circuit’s May 18,...more
7/2/2018
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On March 22, 2017, in a 6-2 decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., 580 U.S. ___, the U.S. Supreme Court held that a design feature incorporated into a useful article may obtain copyright...more
3/23/2017
/ Cheerleaders ,
Copyright ,
Copyrightable Subject Matter ,
Fashion Design ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
On June 16, 2016, in an 8-0 decision in Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. __, the U.S. Supreme Court held that when district courts determine whether or not to award discretionary attorney fees to prevailing...more