News & Analysis as of

Copyright Corporate Counsel Summary Judgment

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Farella Braun + Martel LLP

Growing Momentum for AI’s Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings

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

Fenwick & West LLP

Two Federal Courts Rule That Reproduction of Books to Train LLMs Is Fair Use - But with Caveats and Strikingly Different Views

Fenwick & West LLP on

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

BakerHostetler

Surprise Move: Judge Walks Back AI Copyright Ruling in Thomson Reuters v. ROSS

BakerHostetler on

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

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

Davis Wright Tremaine LLP

D.C. Federal District Court Holds Work Created Entirely by an AI System Cannot Be Copyrighted

On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's...more

Dorsey & Whitney LLP

Dr. Phil and His Texas-Sized Copyright Victory in the Lone Star State: Is This “EDTX 2.0” After TC Heartland?

Dorsey & Whitney LLP on

And just like that, it was over. The U.S. Supreme Court’s decision in TC Heartland v. Kraft Foods Group sun-setted the reign of the U.S. District Court for the Eastern District of Texas as the country’s busiest (and arguably,...more

Morrison & Foerster LLP - Social Media

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet...more

McDermott Will & Schulte

Examiner.com Sails to Victory in DMCA Safe Harbor

Addressing whether the owner of a media website could invoke the safe harbor provision of the Digital Millennium Copyright Act (DMCA), the US Court of Appeals for the 10th Circuit affirmed the district court’s grant of...more

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