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: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
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
The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
Can You Copyright AI-Generated Content? - On Record PR
(Podcast) The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes
The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes
(Podcast) The Briefing: Millions at Stake – How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
The Briefing: Millions at Stake – How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
Introduction to No Infringement Intended Podcast - No Infringement Intended
(Podcast) The Briefing: The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt
The Briefing: New California Laws for Digital Replicas Both Live and Dead
On July 17, 2025, US District Court Judge William Alsup approved a class certification against Anthropic for copyright infringement. According to Judge Alsup, it will be straightforward for the entire class to prove harm...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
As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a...more
It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...more
In two recent Northern District of California decisions, AI companies prevailed on a fair use defense after being accused of infringing copyrights in works used to train AI models. The decisions, on their face, seem to...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
On June 23, 2025, Judge Alsup issued a much-anticipated summary judgment ruling in a copyright case brought by a group of authors seeking to challenge Anthropic’s alleged copying of millions of books in connection with...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
Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:...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
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
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 recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...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
On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of...more
On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more