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
(Podcast) The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the...more
On June 30, 2025, the U.S. Supreme Court agreed to hear an appeal in Cox Communications, Inc. v. Sony Music Entertainment, setting the stage for the high court to define copyright infringement liability for internet service...more
The PGA Tour announced a significant structural change Tuesday hiring longtime NFL executive Brian Rolapp as the first CEO in the organization’s history while beginning the transition away from commissioner Jay Monahan, who...more
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for...more
In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity to be...more
Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) - Introduction - In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the...more
Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more
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
Eight NBA teams recently filed an amicus curiae brief supporting a petition that asks the Supreme Court to reject application of the discovery rule to copyright cases. The discovery rule starts the clock for bringing a...more
Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. “Highly fact-specific.” “Narrowly decided.” A case with...more
On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter...more
Many companies are not strangers to receiving demand letters on behalf of copyright owners. Routine demand letters often allege that the company’s use of what it believed was a stock photo, public domain image, or music on...more
A recent U.S. Supreme Court decision in a copyright infringement case could have far-reaching implications by allowing plaintiffs to seek damages under the Copyright Act for greater periods of time of infringement....more
Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more
Ruling in favor of a Miami music producer, Sherman Nealy, over a song by rapper Flo Rida, the Supreme Court held on May 9 that there is no time limit for recovering monetary damages in copyright cases that are otherwise...more
Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) - On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this...more
The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of...more
Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale...more
Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year...more
On May 16—for the second time in two weeks—the U.S. Supreme Court, this time unanimously, has taken a lenient, plaintiff-friendly view of whether a filing deadline is jurisdictional in the sense that it is governed by the...more
The United States Supreme Court recently announced its Opinion in Warner Chappell Music, Inc. v. Nealy, 144 S. Ct. 1135 (2024). At issue was whether recoverable damages under the Copyright Act were limited to the three-year...more
On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute...more
The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action...more
In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit....more
The United States Supreme Court issued a ruling on May 9, 2024, in a copyright case that would allow a music producer to seek damages for alleged infringements occurring more than ten years ago when it held that the Copyright...more