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Digital Media Intellectual Property Protection Copyright Litigation

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

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

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Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Troutman Pepper Locke

IP Protection for Featured Characters in Digital and Physical Media

Troutman Pepper Locke on

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

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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

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

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

Fenwick & West LLP on

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

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

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The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

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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

Fenwick & West LLP

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

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A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

Proskauer - New Media & Technology

Claims against Cloud Storage Service Hinge on Grant of Rights Clause

In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright claims against Barnes & Noble (“B&N”) related to ebook samples stored on a...more

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