News & Analysis as of August 17, 2025

Corporate Counsel

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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 +

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

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

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

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Fenwick & West LLP on 4/12/2017

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation

Fish & Richardson on 11/8/2016

Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...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

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So...more

California Court of Appeal Rules Models’ Right of Publicity Claims Assignable, Not Preempted by Copyright Act

Davis Wright Tremaine LLP on 9/25/2014

The California Court of Appeal held earlier this month that certain right of publicity claims are freely assignable, and that the Copyright Act does not preempt a right of publicity claim where the defendant has no legal...more

Copying Is Not the Ultimate Test for Copyright Infringement

McDermott Will & Emery on 9/12/2014

Paycom Payroll, LLC v. Richison - Copying alone is insufficient to establish copyright infringement, according to the U. S. Court of Appeals for the Tenth Circuit. In an infringement action involving computer...more

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