The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
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
Mickey Mouse: un ratón con abogado
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
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
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"
The Briefing: ER Redux? The Anti-SLAPP Motion That Didn’t Stick
What Were the Cooler Wars? (Part 1) — No Infringement Intended Podcast
The Briefing: Westlaw v. Ross AI - Is This The End of AI Training or The Future of AI Training
The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation
Can My Band Cover Another Famous Song? — No Infringement Intended Podcast
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
Can You Copyright AI-Generated Content? - On Record PR
In President Donald Trump’s lawsuit against journalist Robert Woodward arising from Woodward’s publication of audio recordings of Woodward’s interviews of Trump in 2019 and 2020, district court dismisses Trump’s second...more
District court denies motion to reconsider dismissal of claims that OpenAI removed copyright management information in violation of Digital Millenium Copyright Act, holding that inconsistency between dismissal order and...more
What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The...more
A recent ruling from the United States District Court for the District of Central California in the lawsuit against Miley Cyrus and others for the song “Flowers” highlighted the power that a single copyright co-owner holds in...more
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
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
District court dismisses claim for copyright infringement against writers, producers and distributors of television show Yellowjackets, holding no substantial similarity between protectable elements of Yellowjackets and...more
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
This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just...more
On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection....more
Defendant Lovo has moved to dismiss an amended complaint alleging that the voice actor Plaintiffs’ voices were unlawfully cloned by Defendant Lovo’s AI Voice Generator. Plaintiffs allege that Lovo’s CEO stated on a podcast...more
In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American...more
In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more
Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more
The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1988 to provide solutions for the strained relationship between the internet and copyright law. It focused on protecting copyright owners whose works were...more
We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more
As discussed in our earlier post, Microsoft opened its motion to dismiss portions of the New York Times's OpenAI case pled against it with an extended analogy to the Betamax case. It argued that the Times was acting like the...more
Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more
Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT. While raising some of the same arguments, Microsoft takes a more traditional path with...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
In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the...more
In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more
In every court case, a Plaintiff is required to establish that they are the "real party in interest" that suffered a "discrete and concrete injury." In a copyright case, this can get complicated with all the photo agency...more
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
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more