The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Unexpected Paths to IP Law with Dan Young and Colin White
Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast
(Podcast) The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast
Navigating PTAB’s New Approach to IPR and PGR Discretionary Denial - Patents: Post-Grant Podcast
(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
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
Recently, major technology companies, Anthropic and Meta each secured landmark victories in separate copyright lawsuits. The companies had been sued by authors and their publishers, regarding claims that these companies’ AI...more
In recent days, two federal judges in the Northern District of California issued significant decisions covering the intersection of artificial intelligence (AI) and copyright law. Specifically, in Bartz v. Anthropic PBC and...more
District court holds that Anthropic’s use of books to train its Claude large language models and its use of purchased copies of books to create digital permanent library constitute fair use, but its use of pirated books to...more
Since generative AI began its rapid ascent in 2022, the creative, tech and legal industries have grappled with a fundamental question: does using copyrighted works to train AI models violate the rights of creators, or does it...more
Until two weeks ago, no U.S. court had ruled on whether training generative AI models on copyrighted works could constitute a fair use, or if the simple act of training such models without a license would constitute copyright...more
Kadrey v. Meta! On the merits! A doozy of a summary judgment opinion in form and substance. "The devil is in the details," but even for non-lawyers, at least the first five pages are a must-read - there are almost no legal...more
In the second landmark decision this week relating to whether use of copyrighted content for training generative AI qualifies as a fair use, Judge Chhabria, in the federal court for the Northern District of California,...more
In this week’s News of Note, Disney and Universal target alleged copyright infringement, OpenAI and Mattel team up to bring artificial intelligence to toymaking and China launches its production of the world’s first...more
Earlier this year, the English High Court considered an application for strike out of a representative action in the ongoing dispute between Getty and Stability AI. The case is at the intersection of intellectual property...more
AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor...more
The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty....more
Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement during the model training process in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS...more
The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more
On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more
In the first substantive decision regarding whether use of copyrighted works to train an artificial intelligence (“AI”) tool constitutes fair use under copyright law, the U.S. District Court for the District of Delaware in...more
The legal battles surrounding generative AI and copyright continue to escalate with prominent players in the Indian music industry now seeking to join an existing lawsuit against OpenAI, the creator of ChatGPT. On February...more
On Tuesday, a Delaware federal district court granted partial summary judgment to Thomson Reuters Enterprise Centre GmbH (“Thomson Reuters”) in its copyright litigation against ROSS Intelligence (“ROSS”). The lawsuit, which...more
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more
A Delaware federal district court made headlines this week by issuing the first court decision rejecting fair use as a defense in training artificial intelligence (AI) models with copyrighted content. In Thomson Reuters...more
Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a...more
From the pages of The New York Times to the…general counsel’s office of The New York Times, AI copyright litigation is all the rage. Possible questions include the philosophical—e.g. “Could an AI agent hold a copyright?”—but...more
Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more
On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more
In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligence’s (“ROSS”), fair use and other defenses by vacating its previous stance and granting summary judgement in...more