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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Mogin Law LLP

Artificial Intelligence Litigation Roundup: The First Wave

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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

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

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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

Nelson Mullins Riley & Scarborough LLP

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery...

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The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and...more

Harris Beach Murtha PLLC

Bartz v. Anthropic: Early Look at Copyright Claims and Generative AI

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On June 23, 2025, Senior Judge William Alsup of the Northern District of California issued a highly anticipated summary judgment opinion in Bartz v. Anthropic PBC. This is one of the first decisions of many to come dealing...more

Akin Gump Strauss Hauer & Feld LLP

Beyond the Strikes: How AI Is Reshaping the Media & Entertainment Landscape—and How Global Regulators Are Responding

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Artificial intelligence (AI) is rapidly transforming the media and entertainment industry. Once viewed by many as a threat, AI is increasingly being embraced as a powerful tool. Studios and tech-forward production companies...more

ArentFox Schiff

Landmark Ruling on AI Copyright: Fair Use vs. Infringement in Bartz v. Anthropic

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In one of the first substantive decisions analyzing whether the use of copyrighted works to train large language models (LLMs) for generative artificial intelligence (AI) services is infringing or a fair use, Judge William...more

Baker Botts L.L.P.

Court Finds Fair Use for AI Training, But Distinguishes Library of Pirated Works

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In a significant development for the field of artificial intelligence and copyright law, the U.S. District Court for the Northern District of California has issued a ruling in a case brought by a group of authors against AI...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

Weintraub Tobin

(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

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Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more

Loeb & Loeb LLP

Court Orders OpenAI to Retain All Output Log Data: Considerations for ChatGPT Users

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In the ongoing copyright infringement case brought by The New York Times against OpenAI and Microsoft (The New York Times Company v. Microsoft Corporation et al., Case No. 1:23-cv-11195 (S.D.N.Y.)), Judge Ona T. Wang recently...more

Perkins Coie

Key AI Developments to Watch This Year

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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

Benesch

AI Reporter - April 2025

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There were several notable developments in March in the AI copyright lawsuits previously reported here. Google, OpenAI, and Anthropic scored partial dismissals in their respective cases. These results show that the...more

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

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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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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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

Snell & Wilmer

Second Circuit Holds Digital Lending Library Violated Copyright Act

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The Second Circuit recently affirmed a ruling that Internet Archive, a nonprofit digital library, violated the Copyright Act with its “Controlled Digital Lending” program. In 2020, four leading book publishers sued Internet...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

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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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

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

Vondran Legal

Viral DRM on a copyright lawsuit rampage in California

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Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...more

Farella Braun + Martel LLP

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

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In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....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

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

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As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

Sheppard Mullin Richter & Hampton LLP

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

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The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more

Sheppard Mullin Richter & Hampton LLP

Resource Guide for the Copyright Office Artificial Intelligence Initiative

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Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more

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