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Publishers Copyright Litigation

McDonnell Boehnen Hulbert & Berghoff LLP

Copywrong: Authors Miss the Mark(et Harm) when Arguing Meta Didn’t Engage in Fair Use

Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more

Farella Braun + Martel LLP

The Distinct Concepts of Copyright and Right of Publicity In Photos

A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and the right of publicity. Lee claims the publisher used his photos of Beyoncé, Jennifer...more

K&L Gates LLP

Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training

K&L Gates LLP on

The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025....more

Weintraub Tobin

(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test

Weintraub Tobin on

On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for...more

Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

Irwin IP LLP on

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more

Dorsey & Whitney LLP

A Cautionary Tale of One Independent Press’s Claim of Federal Copyright Protection

Dorsey & Whitney LLP on

Earlier this summer, U.S. District Judge Amy Berman Jackson refused to buy plaintiff, Valancourt Books, LLC’s, claims that the Copyright Office of the United States unconstitutionally demanded books for free, when Judge...more

Hogan Lovells

Lindgren heirs win in dispute over Pippi Longstocking lyrics

Hogan Lovells on

In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...more

Fenwick & West LLP

Online Publishers Beware: An iPhone Snap May Go Viral, but Unauthorized Commercial Use is Still Not Fair Use

Fenwick & West LLP on

When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party. Such an act in 2017 yielded a snapshot of...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits

Section 411(a) of the Copyright Act generally requires copyright registration, or a refusal of registration, before a copyright action may be filed. This has led to a variety of decisions from the Circuit and District Courts...more

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more

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