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Damages Fair Use Copyright Litigation

Benesch

Judge Certifies Authors’ Copyright Class Action Against Anthropic

Benesch on

On July 17, 2025, US District Court Judge William Alsup approved a class certification against Anthropic for copyright infringement. According to Judge Alsup, it will be straightforward for the entire class to prove harm...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

Baker Botts L.L.P. on

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: The (Media) Empire Strikes Back

Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the...more

Farella Braun + Martel LLP

Take Care Before You Share: How Copyright Registration Can Turn Nothing Into Something

A recent lawsuit against actor and comedian Marlon Wayans underscores the practical value created by  securing a copyright registration early and the associated risk doing so creates for a third-party user....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

McDermott Will & Emery

What Do You Meme? TFW Commercial Use Outweighs Fair Use

McDermott Will & Emery on

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

McAfee & Taft

SCOTUS: Damages for copyright infringement not limited to three years for timely claims

McAfee & Taft on

Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more

McDermott Will & Emery

Take Three for Take-Two: Jury Finds Implied License for Tattoos on Video-Game Avatar

A jury rejected allegations that a video-game maker’s use of tattoos in a game violated the copyright of the artist who inked them, finding the video-game maker had an implied license to depict a player’s tattoos in its...more

Vondran Legal

SRIP come calling for copyright infringement?

Vondran Legal on

According to their website they are an IP enforcement law firm that helps artists protect their content. We know them from pursuing many copyright infringement cases dealing with all kinds of photograpy. They list offices...more

Vondran Legal

Copyright Fair Use Examples

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Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more

McDermott Will & Emery

Picture This: No Direct Infringement but no Fair Use Either

Addressing the use of third-party photographs on a real estate listing website, the US Court of Appeals for the Ninth Circuit found no direct copyright infringement, notwithstanding the display of thousands of copyrighted...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

McDermott Will & Emery on

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

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