News & Analysis as of

Digital Millennium Copyright Act Copyright Litigation

Farella Braun + Martel LLP

Fair Use Ruling Undermines Related DMCA Claim

After previously dismissing infringement claims on the ground that using copyrighted works to train a large language model qualified as fair use, a federal judge in California has now also dismissed a key Digital Millennium...more

Loeb & Loeb LLP

In Re: OpenAI Inc., Copyright Infringement Litigation

Loeb & Loeb LLP on

District court denies motion to reconsider dismissal of claims that OpenAI removed copyright management information in violation of Digital Millenium Copyright Act, holding that inconsistency between dismissal order and...more

Vondran Legal

Overview of the DMCA subpoena – UNMASKING what you need to know!

Vondran Legal on

Sometimes you want to know the identity of an infringer but you don't know it due to the use of a fake handle name or social media account name. In these circumstances, you may need to serve a "DMCA subpoena" on a social...more

Proskauer Rose LLP

Three Point Shot - May 2025

Proskauer Rose LLP on

Rough Terrain Ahead: New York Ski Resort Operator Appeals Ruling That It Violated Antitrust Law by Buying Out Direct Competitor - Intermountain Management Inc. (“Intermountain”), a company operating popular ski areas...more

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

Clark Hill PLC on

The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford...more

Perkins Coie

Key AI Developments to Watch This Year

Perkins Coie on

As we move further into 2025, the artificial intelligence (AI) landscape continues to evolve at a rapid pace; indeed, nearly every week seems to bring news of another major AI breakthrough. In this post, we highlight the...more

McDermott Will & Emery

Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted...more

Snell & Wilmer

Church Founder’s Works Not “Works for Hire” Even Though Founder Was Employee

Snell & Wilmer on

Keith Rhinehart started the Aquarian Foundation church in 1955, with a mission to study “Modern Spiritualism, Christianity, Eastern and Metaphysical Thought.” Bruce Lowndes joined the church in the 1970s and grew close with...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

Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo,...more

Ropes & Gray LLP

An End-of-Year Update to the Current State of AI Related Copyright Litigation

Ropes & Gray LLP on

In April 2024, we published a summary of the then current state of artificial intelligence (“AI”)-related copyright litigation. Since that publication, new theories for complaints and defenses have emerged in this space. As...more

Skadden, Arps, Slate, Meagher & Flom LLP

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Sheppard Mullin Richter & Hampton LLP

Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more

Irwin IP LLP

The McFlurry is Not McBroken Anymore!

Irwin IP LLP on

U.S. Copyright Office, Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 89 Fed. Reg. 42 (Oct. 28, 2024) - If you ever wondered why it seemed like McDonald’s...more

McDermott Will & Emery

Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

McDermott Will & Emery on

In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party...more

Arnall Golden Gregory LLP

The Pitch - September 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Kaufman & Canoles

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

Kaufman & Canoles on

Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

Dorsey & Whitney LLP on

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

McDermott Will & Emery

Digital Rights, Digital Wrongs: The DMCA Lives On

McDermott Will & Emery on

The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are...more

Baker Donelson

The Fast-Moving Race Between Gen-AI and Copyright Law

Baker Donelson on

With the emergence of generative artificial intelligence (AI) platforms such as ChatGPT and Google Gemini, the widespread use of copyrighted works to train the software systems behind these programs is raising pressing legal...more

Sheppard Mullin Richter & Hampton LLP

Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more

WilmerHale

Copyright Development: Challenge to Medical Device “Right to Repair” Permitted Under APA

WilmerHale on

On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules...more

Sunstein LLP

The Overlooked Claim of The New York Times v. OpenAI: Harm to Copyright Management Information

Sunstein LLP on

The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1988 to provide solutions for the strained relationship between the internet and copyright law. It focused on protecting copyright owners whose works were...more

McDermott Will & Emery

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

McDermott Will & Emery on

In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

89 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide