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Damages Copyright

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: June 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

McDermott Will & Emery

Fair use or foul play? The AI fair use copyright line

The US District Court for the Northern District of California granted summary judgment in favor of an artificial intelligence (AI) company, finding that its use of lawfully acquired copyrighted materials for training and its...more

Baker Botts L.L.P.

Court Finds Fair Use for AI Training, But Distinguishes Library of Pirated Works

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In a significant development for the field of artificial intelligence and copyright law, the U.S. District Court for the Northern District of California has issued a ruling in a case brought by a group of authors against AI...more

Ervin Cohen & Jessup LLP

Major Studios Strike Back: Disney & Universal Sue Midjourney Over AI-Created Characters

On June 11, 2025, Disney (including Lucasfilm, Marvel, and 20th Century Studios) and Universal Pictures (including DreamWorks) filed a Complaint for direct and secondary copyright infringement in the Central District of...more

Felicello Law PC

What to Expect in a Copyright or Trademark Infringement Lawsuit

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No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more

ArentFox Schiff

USC Faces the Music: Sony Music Sues USC for Unauthorized Use of Sound Recordings in Social Media

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Sony Music Entertainment and its affiliate record labels have filed a lawsuit against the University of Southern California (USC) for copyright infringement....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

International Lawyers Network

Is There Liability for Removing or Altering Copyright Management Information from a Copyrighted Work?

Suppose you have uncovered a copyrighted work from another that contains copyright management information such as a copyright notice. However, you want to remove or alter this copyright management information. Should you...more

Morrison & Foerster LLP

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Bitmanagement Software GmbH v. United States

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

McDermott Will & Emery

Just Compensation Based on Hypothetical Negotiation

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In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more

Vondran Legal

Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

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Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more

ArentFox Schiff

Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

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Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity...more

Eversheds Sutherland (US) LLP

AI Litigation Insights

Dow Jones & Company, Inc. and NYP Holdings, Inc. v. Perplexity AI, Inc. - Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs),...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #2

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A woman in Texas filed a new lawsuit last Monday accusing Cleveland Browns quarterback Deshaun Watson of sexual assault and battery in 2020....more

Sunstein LLP

Trade Secret Damages Beyond the Actual Loss Suffered by Plaintiffs Become Harder to Obtain

Sunstein LLP on

The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more

Vondran Legal

DMCA subpoena new tool for Copyright Plaintiffs in Boy Kills World cases?

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This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more

McDonnell Boehnen Hulbert & Berghoff LLP

The NO FAKES Act: Bipartisan Group of Senators Introduce Bill to Protect against Unauthorized Uses of Digital Replicas

After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more

Weintraub Tobin

The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)

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Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music. Explore how this ruling could reshape future infringement cases,...more

Weintraub Tobin

The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years

Weintraub Tobin on

Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music. Explore how this ruling could reshape future infringement cases,...more

McDermott Will & Emery

What Do You Meme? TFW Commercial Use Outweighs Fair Use

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in...more

Brownstein Hyatt Farber Schreck

Plaintiffs Benefit From SCOTUS Ruling There Is No Time Bar for Copyright Damages

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

Harris Beach Murtha PLLC

Supreme Court’s Copyright Ruling Could Have Broad Implications

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

Husch Blackwell LLP

Copyrights Wanted: No Creativity Required

Husch Blackwell LLP on

The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being...more

BakerHostetler

Warner Chappell Music, Inc. v. Nealy: Supreme Court Allows Retrospective Copyright Damages Beyond 3 Years Based on Discovery Rule

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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

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