2/11/2025 11:55:47 PM BREAKING: COURT RULES THAT DEVELOPER'S USE OF COPYRIGHTED MATERIAL TO TRAIN AI IS NOT FAIR USE By Jeremy Goldman This morning, the court in Thomson Reuters v. Ross Intelligence produced one of the first major rulings to address the application of...
2/11/2025 2:31:29 PM Court Sides with Madlib: Implied License Dooms Copyright Claim Over Lord Quas Character By Khasim Lockhart Few characters in hip-hop are as distinctive as Lord Quas, the alter ego of legendary producer Madlib (Otis Jackson Jr.). But behind the...
2/11/2025 2:27:19 PM The Eagles prevailed, but will Kendrick Lamar? By Amanda Barkin On January 15 Aubrey “Drake” Graham brought a novel defamation action against his own label, Universal Music Group, Inc., for its role in...
2/5/2025 4:07:17 PM Royalty Is Not All A Watch Needs to Acquire Distinctiveness for U.S. Trademark Protection By Jonathan Pryor On January 4, 2025, the U.S. Trademark Trial and Appeal Board (“TTAB”) upheld an earlier refusal to register two trademarks submitted by...
2/3/2025 6:44:58 PM Key Insights on Copyright and AI from the U.S. Copyright Office’s 2025 Report By Zach Lewis For years now, the intersection of artificial intelligence and copyright law has been the center of attention for artists, creators,...
1/29/2025 1:19:17 PM Second Circuit Clarifies When Content Moderation Risks DMCA Safe Harbor By Jeremy Goldman The U.S. Court of Appeals for the Second Circuit recently published an important decision in Capitol Records, LLC v. Vimeo, LLC (Jan. 13,...
1/23/2025 2:48:29 PM Copyright in Motion: Ninth Circuit Recognizes Kinetic Sculptures as Eligible for Copyright Protection By Brian Murphy In a decision published last week, a panel of the Ninth Circuit held that kinetic sculptures - works that incorporate movement as a...
1/1/2025 9:29:58 PM Ed Sheeran's Win Upheld in the Second Circuit: Why "Thinking Out Loud" Doesn’t Infringe on "Let's Get It On" By Khasim Lockhart Ed Sheeran, who famously brought his guitar into court and performed live renditions of “Thinking Out Loud” to illustrate his creative...
12/24/2024 6:03:50 PM Weaponizing Trademark Law When Copyright Won’t Work By Brian Murphy This case involves two works by the late artist Robert Indiana. The first is the famous “LOVE” image, created by Indiana in the 1960s and...
12/20/2024 7:30:18 PM Update on Heckman v. Live Nation: District Court Enforces Mass Arbitration Terms By Caren Decter Peter Devlin We recently wrote about the Ninth Circuit’s decision in Heckman v. Live Nation Entertainment, Inc., No. 23-55770, 120 F. 4th 670 (9th...
12/17/2024 8:35:21 PM What the “Sad Beige Lawsuit” Can Teach Us About IP in the Influencer Space By Hannah Taylor Molly Rothschild At its core, the case the internet is referring to as the “sad beige lawsuit” is a feud between two social media influencers, Sydney...
11/26/2024 9:47:24 AM Ninth Circuit Finds Ticketmaster’s Mass Arbitration Provisions Unconscionable and Unenforceable By Caren Decter Peter Devlin Recently, the Ninth Circuit struck down Ticketmaster’s mass arbitration provisions—holding that they are unconscionable, and thus...
11/15/2024 7:42:47 PM $500 Million Copyright Clash: Major Labels Sue Music Distributor TuneCore Over Alleged Infringement By Khasim Lockhart In a significant copyright case, Universal Music Group, Capitol Records, Concord Music Group, and ABKCO Music (collectively,...
11/14/2024 5:06:25 PM Does deceptive conduct preclude fair use? George Santos says it should. By Amanda Barkin Last week Former member of the U.S. House of Representatives George Santos told the Second Circuit that his copyright lawsuit about the...
11/11/2024 10:10:24 PM Can You Avoid Copyright Claims By Modifying Props Used in Your Ads? By Brian Murphy In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems...
11/6/2024 12:50:44 PM Trump Sues CBS Under Texas Deceptive Trade Practices Act By Molly Rothschild In the beginning of October, Vice President Kamala Harris sat for a 60 Minutes interview on CBS—where she discussed her views on the...