https://www.theiplawblog.com/articles/copyright-law/feed/
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The Briefing: Another Court Gets It Right in Tattoo Copyright Dispute
The recent decision on Hayden vs. 2K Games is a big win for video game publishers. Dive into the fascinating world of copyright...
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The Briefing: The Briefing: Paramount Splashes Top Gun Maverick Copyright Lawsuit
Paramount triumphs in the Top Gun Maverick copyright case. Join Scott Hervey and Jamie Lincenberg of Weintraub Tobin on ‘The...
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The Briefing: Brandy Melville Doubles Down Against Redbubble
The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous...
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The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin...
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Unraveling the Statute of Limitations in Copyright Infringement Cases
In the realm of copyright law, determining the scope of damages and the applicability of the statute of limitations remains a contentious issue....
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Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit
OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors,...
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The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright...
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The Briefing: Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott...
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Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the...
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The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit
Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit...
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AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case
The Delaware District Court’s Ruling on cross-motions for summary judgment in the case of Thomson Reuters v. Ross Intelligence Inc will provide...
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The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the...
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The Briefing: AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case
Thompson Reuters sued Ross Intelligence for using its content to train its IP technology. Scott Hervey and Tara Sattler talk...
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The Briefing: Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix
A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler...
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The Briefing: The AI Copyright Conundrum Continues – An Update
A recent article in The Hollywood Reporter explores TV and movie studios’ potential use of AI for generating scripts. Scott...
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The Briefing: Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
An Illinois judge rejected a copyright infringement claim brought by rapper Gutta, alleging that a song released by hip-hop...
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Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection
In JBrick, LLC v. Chazak Kinder, Inc. et al , 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District...
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Award-Winning AI Art Not Copyrightable
Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra...
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Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers
By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a...
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The Briefing: No CTRL-ALT-DEL For the Server Test
Alexis Hunley v. Instagram has been referred to as one of the top copyright cases to watch this year. Scott Hervey and...
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The Briefing: Zillow Loses Second Round of Copyright Fight
The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate...
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No CTRL-ALT-DEL in the 9th Circuit for the Server Test
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC , questioned the...
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The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products....
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Is Warhol Bad for Documentarians?
The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors...
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The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not...