(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
Mickey Mouse: un ratón con abogado
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast
(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: No CTRL-ALT-DEL For the Server Test
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over "ER" and "The Pitt"
We previously wrote about a Chinese court decision that protected the copyright of AI-generated images in the ‘half heart’ case. However, in a recent case, the Zhangjiagang People’s Court (in China’s Jiangsu province) denied...more
Within the same week, two judges in the Northern District of California issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to...more
Another federal court recently ruled that using copyrighted books to train artificial intelligence (AI) systems can qualify as fair use under the U.S. Copyright Act. This time, the court said that, because the issue of market...more
In separate high-profile actions brought by authors against Anthropic and Meta, two California federal judges ruled that the reproduction of copyright-protected books to train large language models (LLMs) was fair use that...more
On June 23, 2025, the United States District Court for the Northern District of California issued a significant order in Bartz, et al. v. Anthropic PBC, clarifying the application of the fair use doctrine to the use of...more
Getty Images, a well-known visual media company and supplier of stock images, is facing off against a London-based artificial intelligence company, Stability AI, in what is considered to be the first major copyright trial of...more
As we move further into 2025, the artificial intelligence (AI) landscape continues to evolve at a rapid pace; indeed, nearly every week seems to bring news of another major AI breakthrough. In this post, we highlight the...more
This LawFlash summarizes key EU copyright aspects of the European AI Office’s third draft of its General-Purpose AI Code of Practice developed in connection with the EU AI Act. The Code of Practice sets out “commitments” and...more
Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled...more
The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more
A federal district court in Delaware has issued the first AI copyright fair use decision on the merits, granting partial summary judgment for copyright owner Thomson Reuters on copyright infringement and rejecting defendant...more
Thomson Reuters v. ROSS, 1:20-cv-00613-SB, is the first district court case to address fair use and copyright infringement related to training AI models. Judge Bibas granted summary judgment of no fair use upon a balancing of...more
The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the...more
Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District Court for the District of...more
In April 2024, we published a summary of the then current state of artificial intelligence (“AI”)-related copyright litigation. Since that publication, new theories for complaints and defenses have emerged in this space. As...more
The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more
While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more
The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more
A court in Hamburg, Germany, has decided a copyright infringement case in a way that sheds light on how European courts may apply the text and data mining (TDM) exemption to AI model developers. The exemption is contained in...more
On September 27, 2024, in J. Doe 1 v. Github, Inc., 22-cv-06823-JST, the U.S. District Court for the Northern District of California certified an order dismissing Plaintiffs' claims under Section 1202(b) of the Digital...more
In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more
The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more
The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more
The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more
On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more