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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

ArentFox Schiff

Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications

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The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer....more

Irwin IP LLP

Internet Archive’s Free E-Book Lending Not Fair Use

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Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library...more

Perkins Coie

The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

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A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D...more

Baker Donelson

Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI

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The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the...more

DarrowEverett LLP

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

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On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

Sunstein LLP

The New York Times v. OpenAI: The Biggest IP Case Ever

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On December 27, 2023, the New York Times filed a complaint in the Southern District of New York against Microsoft and OpenAI, alleging massive copyright infringement. This promises to be the most high-stakes intellectual...more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Media & Entertainment Industry

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For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users,...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Baker Donelson

The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools

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Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists...more

Proskauer - New Media & Technology

Interoperability of Artificial Intelligence and Copyright Law Examined by Congress

Within the rapidly evolving artificial intelligence (“AI”) legal landscape (as explored in Proskauer’s “The Age of AI” Webinar series), there is an expectation that Congress may come together to draft some form of AI-related...more

BakerHostetler

What Goldsmith Means to AI Trainers

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The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more

Venable LLP

Generative AI - Copyright Overview Part 1

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Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Miller Nash LLP

Machine Learning Is Not Your Copilot: AI System Accused of Violating Open Source Copyright Licenses

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As previously reported in this space, the Court of Appeal for the Federal Circuit has ruled that an AI machine cannot be an inventor because it is not a “natural person.” You can read those posts here and here. Issues...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Morgan Lewis - Tech & Sourcing

Like Embedded Content, Server Test on Display – A Conversation with Andrew Gray

As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server...more

Troutman Pepper Locke

Supreme Court Leaves as Many Questions as It Answers in 'Google v. Oracle'

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The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google’s Android mobile platform had infringed Oracle’s Java programming language’s copyright. However, the Court did not...more

Dorsey & Whitney LLP

Google v. Oracle: Fair Use and the Seventh Amendment

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On August 7, 2020, Google and Oracle submitted their final written arguments to the Supreme Court regarding their decade-long copyright battle over the source code animating the Android platform. Now, we focus on the second...more

McDermott Will & Schulte

Supreme Court to Weigh In on Google-Oracle Copyright Dispute

The Supreme Court of the United States granted certiorari in the decade-long battle between Google and Oracle over use of copyrighted pieces of Java software in the Android smartphone operating system. Google LLC v. Oracle...more

Snell & Wilmer

Google v. Oracle Heads to the Supreme Court

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The Supreme Court’s cert grant on the Federal Circuit’s most recent decision in the long-running and highly publicized battle between Oracle and Google appears to confront policy questions as much as legal ones — such as...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2019

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Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Robins Kaplan LLP

Copyright Suit Against HBO Tossed

Robins Kaplan LLP on

HBO escaped a copyright lawsuit on Tuesday May 1, after a New York federal judge dismissed claims filed against the network by a graffiti artist. Last July, Itoffee R. Gayle, sued the television network for featuring his...more

Shumaker, Loop & Kendrick, LLP

Top Ten Urban Legends of Intellectual Property

1. Poor Man’s patent/copyright: mail yourself a copy of what you want protected and don’t open it.The sealed information can then be used to prove ownership of the intellectual property contained in it. While this may...more

Jaburg Wilk

Celebrity Brands: The Line Between Fair Use and Infringement

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All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

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