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Farella Braun + Martel LLP

Fair Use at Scale: When Is "Spectacularly" Transformative Use Still Not Fair?

Farella Braun + Martel LLP on

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

Foley Hoag LLP - Making Your Mark

What a Piece of Work is a Man [made piece of art] Non-humans (Still) Can’t be Authors Under the Copyright Act

Foley Hoag LLP - Making Your Mark on

Last week, the D.C. Circuit upheld the Copyright Office’s refusal to register the copyright in this image, which was created entirely by AI. This is consistent with longstanding precedent (in the US, at least) that only...more

McNees Wallace & Nurick LLC

D.C. Circuit Affirms Denial of Copyright Protection for AI-Generated Works

McNees Wallace & Nurick LLC on

On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) ruled in Thaler v. Perlmutter, affirming that works created solely by artificial intelligence (“AI”) cannot be...more

Perkins Coie

Fair Use Defense Failed in Thomson Reuters v. Ross, Jury Still out for Generative AI

Perkins Coie on

The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited...more

McDermott Will & Schulte

Yo-Ho-No Vicarious Liability for Online Piracy Without Financial Benefit

McDermott Will & Schulte on

The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Bradley Arant Boult Cummings LLP on

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

McDermott Will & Schulte

Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement

McDermott Will & Schulte on

The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Orrick, Herrington & Sutcliffe LLP on

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

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