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Corporate Counsel Copyright Photographs

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

Venable LLP

Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge...

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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

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Copyright Office Rejects Application for AI-Generated Work Based on a Photograph

Copyright Office Rejects Application for AI-Generated Work Based on a Photograph -- On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case

Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case - On Monday, a district court largely granted the defendants’ motions to dismiss in Andersen et al. v. Stability AI et al., one of a series of...more

Greenberg Glusker LLP

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Greenberg Glusker LLP on

The Supreme Court has spoken, and if content is king, then purpose is . . . Princely? In a 7-2 decision, the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about...more

Kilpatrick

Andy Warhol Foundation v. Goldsmith: A Sea Change or Muddy Waters?

Kilpatrick on

In the first U.S. Supreme Court decision to consider the copyright fair use doctrine in the context of artistic works in almost three decades, the Court ruled that Andy Warhol Foundation’s licensing to Condé Nast of Warhol’s...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Weintraub Tobin

Is The Server Test Ready for a Reboot?

Weintraub Tobin on

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Weintraub Tobin

Do You Know Where The Photos For Your Website Come From?

Weintraub Tobin on

Many businesses rely on their websites to promote their company and drum up business. Having a “professional” looking web page is considered a must and companies spend a lot of money in creating and maintaining their web...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...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

Morrison & Foerster LLP - Social Media

Creative Commons Works: Free to License, But Not Necessarily Free to Use

Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more

Cozen O'Connor

Your Client is Hacked and Personal Information is Leaked Online – Now What?

Cozen O'Connor on

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from...more

Proskauer Rose LLP

Seventh Circuit Criticizes Second Circuit's "Transformative Use" Approach to Fair Use

Proskauer Rose LLP on

On September 15, 2014, the U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis. (Kienitz v. Sconnie Nation LLC, No....more

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