News & Analysis as of

California Copyright Litigation

Skadden, Arps, Slate, Meagher & Flom LLP

Fair Use and AI Training: Two Recent Decisions Highlight the Complexity of This Issue

Two recent summary judgment decisions out of the Northern District of California, issued only two days apart, highlight the complexity of deciding whether the unauthorized use of copyrighted works to train large language...more

White & Case LLP

Two California District Judges Rule That Using Books to Train AI is Fair Use

White & Case LLP on

Two days apart, two judges in the Northern District of California decided on summary judgment that two examples of using copyrighted works to train AI models were transformative, and ultimately fair use under US copyright...more

Husch Blackwell LLP

Recent Decisions Clarify Fair Use Doctrine in AI Context

Husch Blackwell LLP on

Two Northern District of California courts handed down decisions last week in two key copyright lawsuits that challenged the use of copyrighted print and digital books in training the large language models (LLMs) that are at...more

Farella Braun + Martel LLP

Fair Use Ruling Undermines Related DMCA Claim

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

Baker Donelson

The Northern District of California Weighs in on "Transformative" Use of Copyrighted Books for Training Generative AI Tools

Baker Donelson on

Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI),...more

Falcon Rappaport & Berkman LLP

Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without...more

Vondran Legal

Options when you receive a Strike 3 Holdings subpoena from your ISP

Vondran Legal on

After years of handling hundreds of Strike 3 Holdings (S3) copyright defense cases, there is one question I get seemingly more than any other. The question is this: "should I contact my ISP to call off the subpoena?"...more

McDermott Will & Schulte

Running on Empty: ‘Stang’ With No Anthropomorphic Characteristics Isn’t Copyrightable Character

The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of copyright protection for a car that had a name but no anthropomorphic or protectable characteristics. Carroll Shelby Licensing, Inc. v....more

Houston Harbaugh, P.C.

U.S. District Judge Refuses To Dismiss Copyright Infringement Claims against Musk and Tesla®* in Blade Runner 2049 Case

Houston Harbaugh, P.C. on

AI, Sci-Fi, and Copyright Collide in Alcon Entertainment LLC v. Tesla Inc. et al., Case No. 2:24-cv-09033, in the U.S. District Court for the Central District of California. In a fascinating twist of sci-fi meets reality,...more

Vondran Legal

Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

Vondran Legal on

Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more

Vondran Legal

Viral DRM on a copyright lawsuit rampage in California

Vondran Legal on

Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Grants Motion To Dismiss in Kadrey AI Training Data Case

Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more

Seyfarth Shaw LLP

California Court Casts Doubt on Copyright Claims Relating to AI Images

Seyfarth Shaw LLP on

Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated...more

Wilson Sonsini Goodrich & Rosati

California Court Upholds Right to Rent Physical Media

On April 28, 2022, the U.S. District Court for the Central District of California granted the defendant's motion for summary judgment, holding that, taking facts in the light most favorable to the plaintiff, defendant...more

McDermott Will & Schulte

Unhappy Together: No Right of Public Performance under California Copyright Law

Addressing for the first time whether California law establishes a right of public performance for the owners of pre-1972 sound recordings, the US Court of Appeals for the Ninth Circuit found no such right for music and...more

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