News & Analysis as of

Digital Media Copyright Infringement

Weintraub Tobin

The Briefing: Anthropic, Copyright, and the Fair Use Divide

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A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That...more

Ballard Spahr LLP

Novel Ruling Offers Framework for ‘Fair Use’ of Copyrighted Material for Training AI Systems

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The recent federal court finding—that using copyrighted books to train an AI large language model (LLM) qualifies as fair use—provides some guidance for companies developing or deploying generative AI systems and for...more

Falcon Rappaport & Berkman LLP

Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without...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

Clark Hill PLC

The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

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Can you protect a personal “aesthetic” or “vibe?” Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Felicello Law PC

Is NO FAKESi the Answer to Avoid Fake Out?ii

Felicello Law PC on

The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar...more

Weintraub Tobin

The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit

Weintraub Tobin on

Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement...more

Weintraub Tobin

The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (Podcast)

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Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement...more

Troutman Pepper Locke

IP Protection for Featured Characters in Digital and Physical Media

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The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more

Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

Irwin IP LLP on

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more

Sheppard Mullin Richter & Hampton LLP

Rise of the Machines: How AI is Shaking Up the Music Industry

Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence,...more

McDermott Will & Emery

Implied Copyright License to Photographs of Artist Formerly Known as Prince

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The US Court of Appeals for the Eighth Circuit upheld a ruling that a marketer had an implied copyright license to distribute marketing materials containing digital copies of photographs of the late musical artist Prince....more

Smart & Biggar

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

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The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...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

McAfee & Taft

Copyright Claims Board — Small but mighty?

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As you’ve read in this space before, copyright law can be hard to navigate. Because copyright infringement is a strict liability tort, copying someone else’s material can lead to much more serious consequences than when you...more

Fenwick & West LLP

Important New Exemptions to the Copyright Law’s Anti-circumvention Provisions

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Nearly 25 years ago, the Digital Millennium Copyright Act was added to the Copyright Act. Among its provisions were “paracopyright” measures extending protection in areas well beyond that of traditional copyright law. One...more

Fenwick & West LLP

Sweeping Changes Proposed to the DMCA’s Notice-and-Takedown System

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On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of 2021 (DCA) that would make sweeping...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

McDermott Will & Emery

A Closed Book: No Past Infringement, No Reading Between the Lines into the Future

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The US Court of Appeals for the Sixth Circuit affirmed a district court’s grant of summary judgment in favor of the defendant, finding no current or future copyright infringement. OverDrive Inc. v. Open E-Book Forum dba...more

McDermott Will & Emery

Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant...more

McCarter & English, LLP

Like, Comment, Share, And Protect The Copyright Of Digital Content

Do you produce and share content through social media or a blog? You may be surprised to know that, until now, little copyright protection was available under U.S. law for digital works. Especially considering the ability to...more

Neal, Gerber & Eisenberg LLP

U.S. Copyright Office Releases Report on Digital Millennium Copyright Act

The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....more

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more

Faegre Drinker Biddle & Reath LLP

Copyright Office Issues Report On DMCA Safe Harbors: Section 512 Is “Unbalanced”

When the Digital Millennium Copyright Act of 1998 (the “DMCA”) was enacted, the stated goal was to bring federal copyright law into the 21st century by providing certain immunities to internet service providers while...more

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