News & Analysis as of

Copyright Infringement Supreme Court of the United States Copyright Office

Miller Nash LLP

When Man Beats Machine: The Latest in Artificial Intelligence and Copyright

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Summer must be coming, because the courts are starting to heat up with copyright decisions in artificial intelligence (AI) cases. We’ve previously written here, here, and here about Dr. Stephen Thaler’s attempts to register...more

Ladas & Parry LLP

Copyright Protection for Works Resulting From Some Use of Artificial Intelligence in the United States

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17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more

Faegre Drinker Biddle & Reath LLP

SCOTUS to Decide 17 U.S.C. § 411 Referral Questions

In 2016, Unicolors, Inc., sued H&M for selling clothing that infringed a Unicolor design. The group registration that Unicolors relied on included designs that had not been published as of the publication date set forth on...more

Harris Beach Murtha PLLC

Supreme Court Will Hear Copyright Case: How its Decision May Impact the Validity of Future Copyright Registrations

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

International Lawyers Network

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more

McAfee & Taft

Copyright clarity

McAfee & Taft on

Most of us have at least a basic understanding of the laws that impact our daily lives. We understand, for example, that drivers are supposed to carry vehicle insurance and that they shouldn’t run a red light. We might be...more

Sunstein LLP

March 2019 IP Update: Copyright Owners Must Wait to File Infringement Claims

Sunstein LLP on

Section 411(a) of the Copyright Act provides that “no civil action for infringement of . . . copyright . . . shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” A...more

Jackson Walker

Two New Supreme Court Decisions Alter the Landscape for Litigating Copyright Infringement Cases

Jackson Walker on

Copyright litigants should take note of the pair of unanimous decisions handed down by the Supreme Court on Monday: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 LEXIS 1730 (Mar. 4, 2019), and...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Foley Hoag LLP - Trademark, Copyright &...

Can I get a C-O-P-Y-R-I-G-H-T? Sixth Circuit Holds Cheerleading Uniform Designs Copyrightable

When are clothing designs sufficiently severable from the utilitarian aspects of the clothing so that the designs can be protected by copyright? That is a question courts have wrestled with for years, and the Sixth Circuit...more

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