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Litigation Strategies Copyright Infringement

Mogin Law LLP

Mogin Law Digest | July 2025

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Dealmaking in the AI space, which started more than a decade ago, is brisk. We have ben covering it from the perspective of mergers and acquisitions, litigation, and legislation. Our acquisitions piece has an new interactive...more

Farella Braun + Martel LLP

Growing Momentum for AI’s Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings

Within the same week, two judges in the Northern District of California issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to...more

Seyfarth Shaw LLP

Up, Up, and Litigated: Superman’s 87-Year Copyright War

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Superman has soared back onto the big screen, and unless you’ve been locked in the Fortress of Solitude, you already know his origin story: Rocketed from the doomed planet Krypton. Raised in Kansas. Secretly, a mild-mannered...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

Ervin Cohen & Jessup LLP

The Future of Copyright Enforcement: A Pivotal Supreme Court Case for the Digital Age

On June 30, 2025, the Supreme Court granted a petition for certiorari from Cox Communications Inc. and agreed to weigh in on one of the most consequential digital copyright cases in recent memory....more

Loeb & Loeb LLP

Bartz v. Anthropic PBC

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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

Vondran Legal

Being Pursued by Backgrid USA for Photo Infringement?

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According to the lawsuit referenced above filed against Twitter in 2022: Backgrid is the world's premier celebrity-related photograph agency and provides highly sought-after images of celebrities around the world to top...more

Hogan Lovells

Rapid fire fair use decisions suggest AI training is permissible -- sometimes

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In back-to-back decisions out of the U.S. District Court for the Northern District of California, two federal judges have concluded that the use of copyrighted works to train AI can constitute fair use—at least under certain...more

Vondran Legal

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

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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

Sheppard Mullin Richter & Hampton LLP

Beyond Copyright: Reddit’s Lawsuit Against Anthropic

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted...more

Vondran Legal

Options when you receive a Strike 3 Holdings subpoena from your ISP

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After years of handling hundreds of Strike 3 Holdings (S3) copyright defense cases, there is one question I get seemingly more than any other. The question is this: "should I contact my ISP to call off the subpoena?"...more

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

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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

Vondran Legal

Strike 3 Holdings stipulates to dismiss, but no attorney fees for Defendant?

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There are times when Strike 3 cannot prove its case and may be forced to dismiss the case. In these instances, the defendant may well be deemed the "prevailing party" in the case, which can support an award of costs and...more

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Copyright Suit Over Sam Smith’s “Dancing with a Stranger” and Reaffirms the Jury’s Role

On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more

Array

This Week in eDiscovery: Smartwatch Data in Personal Injury Litigation | No Evidence, No New Search Terms

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of April 20-26. Here’s what’s...more

Katten Muchin Rosenman LLP

Summer Concert (Seizure) Season

The summer concert season is almost here. As the weather warms, artists and fans alike are gearing up for highly anticipated tours, like the Oasis reunion, as well as annual festivals, such as Lollapalooza in Chicago, IL,...more

Array

This Week in eDiscovery: Negotiated eDiscovery Protocols | Upcoming Webinar on Modern Attachments

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of March 23-29. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

ArentFox Schiff

Moana’s Legal Odyssey: Five-Year Copyright Dispute Ends With Disney Sailing Free

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This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just...more

International Lawyers Network

IP Myths vs. Reality: What You Don’t Know Could Cost You

Intellectual property (IP) is often misunderstood, leading to costly mistakes for businesses and individuals alike. Many assume that once they create something, they automatically own the rights everywhere, or that patents...more

Weintraub Tobin

(Podcast) The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright...

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A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth...more

Weintraub Tobin

The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation

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A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth...more

Tyson & Mendes LLP

“Thinking Out Loud” About Ed Sheeran’s Use of The Nuclear Verdict Defense Methods

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Ed Sheeran is one of the most popular musicians of all time: 23 of his songs have gone multiplatinum, he is a four-time Grammy award winner, he reportedly holds the title for the highest-grossing tour of all time (though he...more

Morrison & Foerster LLP - Social Media

Stretching The Bounds Of Personal Jurisdiction, 4th Circuit Finds Geotargeted Advertising May Subject Foreign Website Owner To...

Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the...more

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