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
Suno is a leading AI-powered music generation platform which transforms simple text prompts, images, videos, or audio clips into fully produced songs complete with vocals and instrumentation. Last week, renowned music...more
Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more
The Trump administration’s challenge of Maine’s policy allowing transgender athletes to compete in girls’ sports will provide an unusual test of a federal anti-discrimination law and could take years to resolve....more
In this episode, Rusty Close and Austin Padgett discuss what happens when one band wants to record another band's song and the special rules of copyright that go along with it. They explore the copyright owner's control over...more
The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their...more
In this episode, Rusty Close and Austin Padgett discuss why Taylor Swift re-recorded her original six albums. They explain the distinction between publishing rights and master recording rights, noting that Swift owned the...more
Diego Pavia became the latest college athlete to sue the NCAA. While many past NCAA lawsuits have concerned NIL, the Vanderbilt football quarterback is seeking an extra year of eligibility. His argument, in court documents...more
In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress...more
Sports betting stocks were jolted in early action on Tuesday after the Illinois State Senate passed a bill on Sunday proposing higher taxes on online sports betting operations. Under the new proposal, online sports betting...more
The US Court of Appeals for the Second Circuit affirmed the dismissal of a copyright infringement claim by one rap artist against another on the grounds that the plaintiff failed to register the work in question. The Court...more
The US Court of Appeals for the Fifth Circuit affirmed a district court’s summary judgment grant to an alleged song copier, finding neither evidence of factual copying nor striking similarity between the two songs. Kirk...more
Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more
The music industry has begun cracking down on brand owners’ and influencers’ unlicensed use of songs in social media posts through the filing of several lawsuits over the past few months. The lawsuits have largely targeted...more
Kilpatrick Townsend's Crystal Genteman recently presented "IP: Beyond the Basics" for the Association of Corporate Counsel Georgia Chapter. These are the 5 key takeaways from her presentation....more
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
The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up....more
Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more
Songs often share components that sound similar to one another, which frequently raises the question of whether copyright infringement has occurred. On March 10, 2022, the U.S. Court of Appeals for the Ninth Circuit held—in a...more
Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more
We previously reported on the Marcus Gray, et al. (“Gray”) v. Katheryn Hudson, et al. (“Perry”) case on August 2nd and August 15th of 2019. When we initially reported the details of this case, Gray was awarded damages to...more
Roc-A-Fella Records (“RAF”) owners Jay-Z and Damon Dash are clashing over Dash’s plans to sell an NFT (“nun-fungible token”) representing either a 1/3 share of the copyright to Jay-Z’s album Reasonable Doubt (if you believe...more
In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...more
You've heard it, you likely love it, and it's probably the first melody that you ever tried to learn on the guitar to impress your friends. "Stairway to Heaven" has been called the greatest rock song of all time by music...more
On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more