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Copyright Infringement Copyright Litigation

Loeb & Loeb LLP

Court Orders OpenAI to Retain All Output Log Data: Considerations for ChatGPT Users

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In the ongoing copyright infringement case brought by The New York Times against OpenAI and Microsoft (The New York Times Company v. Microsoft Corporation et al., Case No. 1:23-cv-11195 (S.D.N.Y.)), Judge Ona T. Wang recently...more

Proskauer Rose LLP

Three Point Shot - May 2025

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Rough Terrain Ahead: New York Ski Resort Operator Appeals Ruling That It Violated Antitrust Law by Buying Out Direct Competitor - Intermountain Management Inc. (“Intermountain”), a company operating popular ski areas...more

McDermott Will & Emery

Riding 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

McDermott Will & Emery

No Fair Use Defense Results in Default Judgment

The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of a copyright infringement claim alleging copying of a photograph, finding that the defendant’s use of the photograph did not constitute...more

Cooley LLP

Class Dismissed? Representative Claims in Getty v. Stability AI

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Earlier this year, the English High Court considered an application for strike out of a representative action in the ongoing dispute between Getty and Stability AI. The case is at the intersection of intellectual property...more

Vondran Legal

Did you get a GibbsCAM software infringement letter?

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You may have recently received a letter from a Texas law firm of Daniels and Trednick. This company has a strong presence in handling software piracy cases. GibbsCam is one of the products they enforce as far as intellectual...more

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

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The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford...more

Procopio, Cory, Hargreaves & Savitch LLP

Gone from Copyright: Ninth Circuit Rejects Copyright Protection for Iconic “Eleanor” Shelby Mustang

Court Narrows Scope of Character Copyright, Drawing Sharp Line Between Props and Protectable Expression - Not every film icon gets legal protection. On May 27, 2025, the Ninth Circuit ruled that Eleanor—the legendary Mustang...more

Seyfarth Shaw LLP

These Are the Lawsuits You’re Looking For: Fortnite’s AI Voice Dispute

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A long time ago in a galaxy not so far away, voice acting was the exclusive domain of talented humans. But today, in the age of generative AI, even the iconic voice of a legendary villain can be conjured without a single...more

Arnall Golden Gregory LLP

The Pitch - May 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

McDonnell Boehnen Hulbert & Berghoff LLP

Navigating the Legal Landscape of AI-Generated Code: Ownership and Liability Challenges

Programming is rapidly transforming from a manual, line-by-line exercise into an iterative collaboration between programmers and their large language model (LLM) of choice. Working inside modern integrated development...more

McDermott Will & Emery

Plausibly Alleging Access Requires More Than Social Media Visibility

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright action, finding that the plaintiff failed to plausibly allege either that the defendant had “access” to the work in question...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - May 2025 #4

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The former CEO of World Wrestling Entertainment Inc. has pushed back against efforts to force him to hand over documents relating to his alleged sexual misconduct and hush money payments in a class action over the company’s...more

Vondran Legal

Strike 3 Holdings stipulates to dismiss, but no attorney fees for Defendant?

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There are times when Strike 3 cannot prove its case and may be forced to dismiss the case. In these instances, the defendant may well be deemed the "prevailing party" in the case, which can support an award of costs and...more

Jones Day

U.S. Copyright Office Issues Guidance on Generative AI Training

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To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more

Vondran Legal

SESAC music licensing overview for restaurant and club owners

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Many new business owners in the restaurant, bar, nightclub, and karaoke business fail to understand that if live music is played in their establishment (called a public performance), the establishment must have the proper...more

Offit Kurman

To Use or Not to Use? Fear Not! The Public Domain Beckons Thee

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Ah, the public domain—where copyrights dare not tread, and content lives free from the litigious claws of infringement claims. Whether thou art a humble creator or a bold entrepreneur, rejoice! For in this blessed realm, you...more

Weintraub Tobin

(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

Weintraub Tobin on

Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Weintraub Tobin

The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

Weintraub Tobin on

Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Mayer Brown

Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

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As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual...more

Loeb & Loeb LLP

Woodland v. Hill

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Ninth Circuit affirms dismissal of copyright infringement claim against musician Lil Nas X, finding that mere availability of plaintiff influencer’s photographs on Instagram does not amount to access to those photographs and...more

McDermott Will & Emery

Copyright, AI, and Politics

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In early 2023, the US Copyright Office (CO) initiated an examination of copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in AI-generated works and the use of copyrighted...more

International Lawyers Network

Different Kinds of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable

In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - May 2025 #3

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French cinema icon Gérard Depardieu was convicted of sexually assaulting two women on a film set in Paris in 2021 and handed an 18-month suspended sentence....more

Epstein Becker & Green

Copyright Infringement Liability for Generative AI Training Following the Copyright Office’s AI Report and Administrative Shakeup

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When multiple forces act on an object, its direction of motion is determined by the net force, which is the vector sum of all individual forces. When this happens within our federal government, we call it “interesting times.”...more

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