News & Analysis as of

Intellectual Property Protection Copyright Litigation

Loeb & Loeb LLP

Ambrosetti v. Oregon Catholic Press

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In copyright infringement case involving Christian musical works, Ninth Circuit affirms district court’s decision to exclude certain evidence pertaining to access as sanction for untimely disclosure, but nonetheless reverses...more

Offit Kurman

Lawsuit Against AI Giant Anthropic Settles

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A class action copyright infringement lawsuit brought by U.S. authors against the AI company Anthropic has reached settlement, avoiding a trial set to begin in December. The class of plaintiff-authors alleged in the suit that...more

Seyfarth Shaw LLP

Beats Me – Intellectual Property Protection for Drum Parts

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I was driving to work with the music on shuffle. The next song came on and from the drums alone, I knew what it was — First Date by Blink-182. As a drummer and pop-punk aficionado, the snare drum and crash cymbal on all...more

Troutman Pepper Locke

Why Do I Need To Register My Copyrights?

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With the rise of content creation in the digital age, it is easy to think that the market has surpassed a saturation point for creative works. After all, each of these creative works does hold its own copyright automatically...more

Loeb & Loeb LLP

Take-Two Interactive Software, Inc. v. PlayerAuctions, Inc.

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District court grants in part and denies in part defendants’ motion to dismiss Take-Two Interactive Software Inc.’s claims related to defendants’ operation of online marketplace for users to sell enhanced player accounts for...more

Seyfarth Shaw LLP

Jetflicks and the Rise of Criminal Copyright Enforcement in the Streaming Era

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With countless parties offering streaming based services, the boundaries between legal and illegal content distribution have become increasingly blurred. One case that brought this issue into focus is United States v....more

Loeb & Loeb LLP

Dow Jones & Company Inc. v. Perplexity AI Inc.

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In copyright infringement and false designation of origin action brought by owners of The Wall Street Journal and the New York Post, district court holds that San Francisco-based Perplexity AI Inc. is subject to personal...more

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

Newsrooms vs. Neural Nets: How Courts Are Handling DMCA Claims Against GenAI

The Digital Millennium Copyright Act (DMCA), a 30-year-old tool enacted to address the copyright implications of disrupting technologies, like Napster and Limewire, in the late 1990s, has found new utility in the age of AI....more

Jaburg Wilk

Two Decisions, Two Distinct Approaches: What Recent AI Copyright Decisions Mean for Authors and Developers

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As lawsuits over artificial intelligence and copyrights continue to unfold, two recent federal court decisions from the Northern District of California provide early insight—conflicting at times—into how judges will begin to...more

Arnall Golden Gregory LLP

Anthropic’s Great Book Heist: Do the Ends Justify the Means When It Comes to Training AI?

Robin Hood, the legendary antihero, is beloved for stealing from the rich and giving to the poor. But what if he stole from the rich and then gave to his own bank account, with the explicit intent of writing checks to the...more

Fenwick & West LLP

‘Can You Copyright a Tattoo?’ And Other Questions Game Developers Should Be Asking

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Game developers often borrow from the real world to build more lifelike, compelling characters: a tattoo copied faithfully onto a digital athlete, a famous photograph reinterpreted as body art, a recognizable design rendered...more

Venable LLP

Whose Rules Rule? Different Approaches to Key AI and Copyright Fair Use Principles Across the Administration, Copyright Office,...

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In the past few months, the administration, the Copyright Office, and the courts have weighed in on several material issues at the cross section of copyright law and AI. ...more

Troutman Pepper Locke

Judges Take Divergent Paths to Find AI Training "Fair Use"

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Two California district court judges recently issued competing rulings pertaining to fair use as a defense against the alleged improper use of copyrighted works to train large language models (LLMs). The two orders, issued...more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more

Roetzel & Andress

$44 Million Scam Demonstrates Dangers of Navigating the Publishing Industry Without Legal Counsel

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A federal grand jury has charged three individuals with orchestrating a publishing and media scam that defrauded more than 800 authors of over $44 million. The case serves as a stark reminder of the legal risks authors face...more

Smart & Biggar

AI training copies blessed as “fair use” by U.S. Court – Can a similar path be forged in Canada?

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Judge Alsup’s summary judgement order in Bartz v Anthropic PBC1 released June 23, 2025 is making waves in the copyright and AI world. The order, issued out of the United States District Court for the Northern District of...more

Skadden, Arps, Slate, Meagher & Flom LLP

New York Court Tackles the Legality of AI Voice Cloning

- What is new: A recent decision from the Southern District of New York, in Lehrman & Sage v. Lovo, Inc., addresses the intersection of AI voice cloning technology and intellectual property rights, focusing on contract law,...more

Miller Canfield

The Art (and Legality) of Imitation: Navigating the Murky Waters of Fair Use in AI Training

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As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a...more

Fox Rothschild LLP

Anthropic and Meta Win Major, but Limited, AI Copyright Lawsuits

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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

Farella Braun + Martel LLP

Fair Use at Scale: When Is "Spectacularly" Transformative Use Still Not Fair?

The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more

McCarter & English, LLP

Court Sets New Limits on Use of Copyrighted Materials to Train AI Models

The rapid adoption of artificial intelligence (AI) has sparked a pressing legal debate over how copyrighted materials can be used to train generative AI systems, particularly large language models (LLMs), without permission...more

A&O Shearman

Copyright in AI: key implications from ongoing legal cases

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With major legal battles unfolding in both the UK (Getty v. Stability AI) and the U.S. (including Kramer v. Meta, The New York Times v. OpenAI, and Bartz v. Anthropic), the outcomes are set to reshape the entire AI landscape....more

Polsinelli

AI vs. Authors: Two California Judges, Two Directions and More Uncertainty on Fair Use and Copyright

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Key Takeaways - Courts Lean Toward Fair Use for AI Training: Two California rulings suggest that using copyrighted works to train artificial intelligence (AI) may be considered fair use if outputs are transformative and do...more

Loeb & Loeb LLP

Kadrey v. Meta Platforms, Inc.

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District court holds that Meta’s downloading of books from online “shadow libraries” and use of such books to train its Llama large language models constitutes fair use, but endorses “market dilution” theory of harm as...more

Mayer Brown

Copyright and Generative AI

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On 19 June 2025 the Data (Use and Access) Act (the "DUA Act") received Royal Assent and became law in the UK, having been passed by the UK Parliament on 11 June 2025. The DUA Act principally reforms the General Data...more

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