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 May 9, 2025, the US Copyright Office released a “pre-publication version” of Part 3 of its report on Copyright and Artificial Intelligence (the Report). This much-anticipated Report focuses on use of copyrighted works in...more
There were several notable developments in March in the AI copyright lawsuits previously reported here. Google, OpenAI, and Anthropic scored partial dismissals in their respective cases. These results show that the...more
Key Takeaways: - Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created...more
Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the...more
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more
In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more
While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more
Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S....more
Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more
OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...more
On May 9, 2024, the Supreme Court held that under the Copyright Act, there is no time limit on monetary recovery for a timely filed claim. In Warner Chappell Music, Inc. v. Nealy, 601 U.S. _____ (2024), the Supreme Court...more
During ACI’s Annual Summit for Women Leaders in IP Law, women in Intellectual Property roles come together to explore industry trends and important factors impacting today’s women IP leaders and practitioners. Learn to...more
Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and...more
Florida State University is pushing for the dismissal of the Atlantic Coast Conference’s NC lawsuit, saying it was prematurely filed to preempt the university’s own suit against the conference, in an attempt to win a “race to...more
New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI...more
The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more
The United States Patent and Trademark Office, along with the U.S. Departments of State and Commerce, sought initial public comment last week on draft guidelines entitled "International Guiding Principles for Organizations...more
In a case that attracted a slew of amicus curiae participation and was the most recent in the series of American Society for Testing and Materials (ASTM) copyright cases, the US Court of Appeals for the District of Columbia...more
Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more
TTAB Emancipates “Queen of Christmas” from Mimi - Mariah Carey lets mark registration go unchallenged - Breakdown - Mariah Carey takes a lot of guff for...strange behavior. We won’t review the stories here; poring...more
[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more
The US Copyright Office Review Board (“Board”) rejected a request to register a computer-generated image of a landscape for copyright protection, explaining that a work must be created by a human being to obtain a copyright....more
In This Issue - Artificial Intelligence: Deepfakes in the Entertainment Industry — Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more
The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more
Join Josh Escovedo and Jessica Corpuz in this one-hour webinar about Intellectual Property Law and will specifically address The Consolidated Appropriations Act of 2021. The Consolidated Appropriations Act of 2021—arising...more