The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more
7/18/2025
/ Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Data Protection ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Risk Management ,
Technology ,
Transformative Use
In the linked article about a trademark dispute, the author notes that the plaintiff claimed the defendant used a “copyrighted name.” Just a reminder: one can patent inventions, copyright creative works of expression, and...more
After previously dismissing infringement claims on the ground that using copyrighted works to train a large language model qualified as fair use, a federal judge in California has now also dismissed a key Digital Millennium...more
A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and the right of publicity. Lee claims the publisher used his photos of Beyoncé, Jennifer...more
A political shake-up at the U.S. Copyright Office has triggered operational chaos and legal uncertainty, leaving creators and copyright lawyers questioning the validity of recent registrations. Following the Trump...more
6/5/2025
/ Administrative Procedure Act ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Department of Justice (DOJ) ,
Government Agencies ,
Judicial Authority ,
Popular ,
Statutory Interpretation ,
Trump Administration
A day before the firing of the head of the U.S. Copyright Office, the third installment of the office's series of reports on copyright issues and AI was released. The 113-page document covers a lot of ground, not the least of...more
In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge Bilas, the District of Delaware judge in Thomson Reuters Enterprise Centre GMBH and West...more
In a long-anticipated report from the U.S. Copyright Office providing guidance on the copyrightability of works created by and/or with the assistance of Artificial Intelligence, the Office reaffirmed its previous guidance...more
For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more
1/14/2025
/ Confidentiality Agreements ,
Copyright ,
Copyright Infringement ,
Employee Training ,
Enforcement ,
Intellectual Property Protection ,
Non-Disclosure Agreement ,
Patent Applications ,
Patents ,
Trade Dress ,
Trade Secrets ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of which appears above) and the district court's affirming of the refusal, programmer...more
In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting...more
9/7/2023
/ Artificial Intelligence ,
Charitable Organizations ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Data Collection ,
Data Privacy ,
Intellectual Property Protection ,
Popular ,
Privacy Concerns ,
Right of Publicity ,
Shareholders ,
User-Generated Content
For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more
4/30/2021
/ Assignments ,
Copyright ,
Disability Insurance ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Independent Contractors ,
Intellectual Property Protection ,
Labor Code ,
Misclassification ,
Unemployment Insurance ,
Work Made For Hire Doctrine
Intellectual property (IP) is a critical issue in the cannabis industry. Creating and protecting cannabis products, processes, and brands comes with unique challenges, and certain IP laws may apply differently to cannabis...more
1/13/2021
/ Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Continuing Legal Education ,
Copyright ,
Intellectual Property Protection ,
Misappropriation ,
Patents ,
Trade Secrets ,
Trademarks ,
Webinars
Cannabis businesses need to keep up with the constantly changing legislative landscape and the same brand protection and online requirements that impact any business. It is vital that businesses producing cannabis products,...more