(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"
On June 30, 2025, the Supreme Court granted a petition for certiorari from Cox Communications Inc. and agreed to weigh in on one of the most consequential digital copyright cases in recent memory....more
On June 30, 2025, the Supreme Court of the United States Granted Certiorari to Seven Cases: M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209: This case interprets a provision of the...more
The Copyright Act requires that an infringement action be brought, if at all, within three years of the accrual of the claim. This requirement often limits the period for which damages can be recovered. As a recent Supreme...more
The U.S. Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before...more
On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more
The US Supreme Court is set to hear a case regarding fair use as it pertains to a photo of the universally known music artist, Prince. The nation’s highest court will hopefully clarify when and how artists can make use of the...more
Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual...more
The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of...more
On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use...more
Following a twenty-seven year drought of copyright fair use cases, the Supreme Court is now set to take on its second case on the doctrine in two years. The high court granted a petition this week in Andy Warhol Foundation...more
On February 24, 2022, the U.S. Supreme Court held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that the safe harbor provision concerning inaccurate information in copyright registrations, as set forth at 17 U.S.C. §...more
The Supreme Court held that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act....more
A copyright claimant may commence an infringement suit when the Copyright Office registers a copyright. See Fourth Est. Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 885, 203 L. Ed. 2d 147 (2019); 17 U.S.C. §...more
The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more
On June 1, 2021, the U.S. Supreme Court granted certiorari in a case that will likely determine once and for all whether courts are empowered to void copyright registrations based on immaterial registration errors, or whether...more
On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more
The Supreme Court heard oral arguments on October 7 in Google v. Oracle, which involves a Federal Circuit decision that we have discussed here. The primary question is whether the code of application programming interfaces...more
On March 23, 2020, a unanimous, if slightly fractured, Supreme Court ruled in Allen v. Cooper, 140 S. Ct. 994 (2020), that Congress did not properly abrogate sovereign immunity when it enacted the Copyright Remedy...more
A unanimous decision from the Supreme Court of the United States in Allen v. Cooper affirmed a previous ruling by the US Court of Appeals for the Fourth Circuit and held that states cannot be sued for copyright infringement,...more
On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship for the pirate Blackbeard, cannot sue the...more
Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period. He ultimately met his demise when the colony of Virginia...more
On March 23, the U.S. Supreme Court held that a state cannot be sued for copyright infringement because Congress lacked authority to abrogate the states’ immunity from copyright infringement suits when it enacted the...more
In a case where the subject matter (copyrights relating to footage of a salvaged pirate ship) is arguably more intriguing than the question presented, the Supreme Court held that a section of the Copyright Act allowing...more