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Corporate Counsel Copyright

Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

Verrill

Fair Use and AI: What Buyers and Investors Need to Know

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Buy-side investors typically require the target company to represent that it has not infringed on the copyrights or other intellectual property of any third party. Typical language might read: “The operation of the Company as...more

Stradling Yocca Carlson & Rauth

Training AI Models? Here's What You Need to Know About Copyright Risks

It is undeniable that artificial intelligence (AI) is everywhere and having unprecedented rapid effects on business and society.  The law, however, evolves at a slower pace and it takes key decisions by courts and government...more

Womble Bond Dickinson

The New Gold Rush: Text and Data Mining Exemptions to Copyright Protection Around the World

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This article is based on a presentation at Womble Bond Dickinson’s AI Intensive: Playbook for Innovation and Risk Mitigation virtual summit on May 20, 2025 (including some updates in respect of the UK due to legislative...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU’s General-Purpose AI Obligations Are Now in Force, With New Guidance

- What is new: The EU AI Act’s obligations on general-purpose AI providers have now come into force alongside the publication of guidance, a code of practice and a disclosure template that flesh out GPAI model providers’...more

DLA Piper

A Chinese Court Finds That AI-generated Images Are Not Protected by Copyright: The Zhangjiagang People’s Court and the ‘Butterfly...

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We previously wrote about a Chinese court decision that protected the copyright of AI-generated images in the ‘half heart’ case. However, in a recent case, the Zhangjiagang People’s Court (in China’s Jiangsu province) denied...more

Perkins Coie

Delayed EU Code of Practice Provides Compliance Framework for General-Purpose AI Models

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Key Takeaways - - The European Commission published its Code of Practice for General-Purpose AI (GPAI) Models on July 10, 2025, following three draft versions and just weeks before the first AI Act obligations take effect....more

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

Ballard Spahr LLP

From Input to Impact: The Market Harm Standard Emerging in AI Fair Use

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Another federal court recently ruled that using copyrighted books to train artificial intelligence (AI) systems can qualify as fair use under the U.S. Copyright Act. This time, the court said that, because the issue of market...more

Baker Botts L.L.P.

EU Releases General-Purpose AI Code of Practice

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On July 10, 2025, the EU published its Code of Practice for General-Purpose AI Models, a comprehensive, though not exhaustive, framework designed to guide Artificial Intelligence ("AI") providers in complying with the...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

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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

Ropes & Gray LLP

From Books to Bots: Key Takeaways from the Anthropic Fair Use Decision for AI Developers and Copyright Holders

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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

Falcon Rappaport & Berkman LLP

Getty Images vs. Stability AI: The Landmark Copyright Battle Shaping The Future of Generative AI

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

Perkins Coie

Key AI Developments to Watch This Year

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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

Morgan Lewis

EU AI Office Publishes Third Draft of EU AI Act-Related General-Purpose AI Code of Practice: Key Copyright Issues

Morgan Lewis on

This LawFlash summarizes key EU copyright aspects of the European AI Office’s third draft of its General-Purpose AI Code of Practice developed in connection with the EU AI Act. The Code of Practice sets out “commitments” and...more

DLA Piper

Copyrightability of genAI Outputs in the US: Key Developments

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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

McCarter & English, LLP

Paradise Lost: DC Circuit Affirms AI Has No Soul

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

Jones Day

CJEU Grants Jurisdiction Over Foreign IP Infringement Cases

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The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more

Goodwin

Court Rejects Fair Use Defense in AI Copyright Case

Goodwin on

A federal district court in Delaware has issued the first AI copyright fair use decision on the merits, granting partial summary judgment for copyright owner Thomson Reuters on copyright infringement and rejecting defendant...more

BakerHostetler

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

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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

BakerHostetler

What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

BakerHostetler on

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

Fox Rothschild LLP

The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners

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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

Ward and Smith, P.A.

The Five Foundations of Artificial Intelligence for In-House Counsel, Part 1

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During their annual In-House Counsel Seminar, Ward and Smith Certified AI Governance Professional and privacy and data security attorney Angela Doughty provided a comprehensive overview of the potential impacts of the use 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

Baker Botts L.L.P.

Copyright Office Releases Part 2 of Artificial Intelligence Report

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On January 29, 2025, the U.S. Copyright Office issued part two of it's report on Artificial Intelligence ("AI") which addresses the topic of “copyrightability” as it relates to AI. This report follows an extensive initiative...more

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