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Features
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Features
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
Columns & Departments
Appeals Court Backs Nickelback In Copyright Infringement Case
Features
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
Features
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court's most recent iteration of the fair use test.
Features
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties' relationship to determine whether a fiduciary relationship existed.
Features
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
Features
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
Columns & Departments
In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.
Features
The New York Times' copyright infringement lawsuit against OpenAI and Microsoft is said to be AI's "Napster Moment." But observers are torn about the case's legal merits, citing differing views around how exactly AI "Large Language Models" are trained.