Popular, Copyright Infringement, Corporate Counsel

Artificial Intelligence Litigation Roundup: The First Wave

Mogin Law LLP on 7/18/2025

It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...more

Key AI Developments to Watch This Year

Perkins Coie on 5/13/2025

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

CJEU Clarifies Copyright Protection for Software Variables

Jones Day on 12/10/2024

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

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

Skadden, Arps, Slate, Meagher & Flom LLP on 12/9/2024

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

Court Dismisses Most Claims In Two AI Copyright Cases

Willcox & Savage on 3/8/2024

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

Recent Trends in Generative Artificial Intelligence Litigation in the United States

K&L Gates LLP on 9/6/2023

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

Generative AI - Copyright Overview Part 1

Venable LLP on 2/9/2023

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

Is The Server Test Ready for a Reboot?

Weintraub Tobin on 8/5/2022

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

NFTs: U.S., EU, and UK Key Copyright Considerations

Jones Day on 4/21/2022

NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world items, such as artwork and real property, or...more

European Digital Compliance: Key Digital Regulation & Compliance Developments - April 2022

Morrison & Foerster LLP on 4/11/2022

To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main European digital regulatory and...more

Google v. Oracle: What We Learned from Oral Argument

Dorsey & Whitney LLP on 10/22/2020

On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

The Supreme Court’s Business Docket for the October 2018 Term

Skadden, Arps, Slate, Meagher & Flom LLP on 10/23/2018

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Of Memes and Monetizing: Could the EU Directive on Copyright Change the Way We Speak Internet?

Pillsbury - Internet & Social Media Law Blog on 9/25/2018

Do you like getting your news online, sharing videos or tweeting memes? A little piece of legislation known as The European Union Directive on Copyright in the Digital Single Market may signal the end of some of the...more

It’s 2018: The Impact Of IP Decisions From 2017

Ladas & Parry LLP on 4/12/2018

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

Hogan Lovells on 8/23/2017

China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully...more

Car Ad Websites Slightly “Scraped” in Copyright Case, Court Puts Brakes on Statutory Damages Minimums

Blake, Cassels & Graydon LLP on 4/21/2017

On April 6, 2017, the Ontario Superior Court of Justice (Court) provided insight into how courts will approach the scraping of websites and assessing statutory damages for copyright infringement in Trader v. CarGurus. The...more

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

Fenwick & West LLP on 4/13/2017

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

Read This If You Have a Website!

Davis Wright Tremaine LLP on 11/17/2016

On Oct. 26, the Copyright Office published a notice of its final rule governing how online service providers must designate their "agent" for infringement notifications pursuant to the Digital Millennium Copyright Act, 17...more

Tattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding of Applicability of Statutory Damages

Weintraub Tobin on 5/30/2016

This isn’t just another tattoo-copyright infringement case. This case raises an important lesson for all copyright claimants. The backstory: Solid Oak is a licensing firm that represents the go to tattoo artists for...more

The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use

Pillsbury - Internet & Social Media Law Blog on 3/31/2016

In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in...more

Dismissal but No Fees for Innocent BitTorrent Defendant - Killer Joe Nevada, LLC v. Leaverton

McDermott Will & Emery on 2/19/2016

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be awarded upon dismissal, the U.S. Court of Appeals for the Eighth Circuit...more

Can Mike Huckabee Get an Amen! for his “Eye of the Tiger” Copyright Infringement Defense?

Chambliss, Bahner & Stophel, P.C. on 2/8/2016

During his presidential campaign last September, former Arkansas Governor Mike Huckabee made a well-publicized appearance at a rally for Kim Davis, the Kentucky clerk who was jailed for refusing to issue marriage licenses to...more

Is LeBron James a “Medium of Expression” under the Copyright Act? We May Soon Find Out.

Dorsey & Whitney LLP on 2/4/2016

Many professional athletes these days—particularly those in the National Basketball Association—have their bodies bedecked with all sorts of tattoos. It’s a trend that has steadily caught fire over the last several years...more

Balancing Copyright Owners' Rights With ISP Immunities

Holland & Knight LLP on 2/2/2016

When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief. The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that...more

The Complicated Relationship between DMCA Takedown Notices and the Word “Expeditious”

Pillsbury - Internet & Social Media Law Blog on 1/20/2016

Hours. Days. Weeks. Months. When it comes to acting on copyright infringement takedown notices, just how fast is fast enough for social media platforms? Some recent (and not-so-recent) cases reveal how difficult the question...more

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