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Features

U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule Image

U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule

Robert W. Clarida & Thomas Kjellberg

In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.

Features

Is It Possible to Reconcile the Two Sides In the AI Copyright Debate? Image

Is It Possible to Reconcile the Two Sides In the AI Copyright Debate?

Maria Dinzeo

The points and counterpoints brought up by experts at a Stanford Law conference provide insight on the future relationship between AI and copyright creators.

Features

Digital Dibs: Rival Views of Generative AI Copyrights Image

Digital Dibs: Rival Views of Generative AI Copyrights

Greg Moreman

GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.

Features

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity Image

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity

Thomas Kjellberg & Robert W. Clarida

In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.

Features

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight Image

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight

David G. Kim & Michael K. Friedland

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

Intellectual Property In Legal Tech: Lessons from Recent Cases Image

Intellectual Property In Legal Tech: Lessons from Recent Cases

Brian Mack, Kevin Keller & Olga V. Mack

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

IP News Image

IP News

Justin Tilghman & Howard J. Shire

Appeals Court Backs Nickelback In Copyright Infringement Case

Features

U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages Image

U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages

Stan Soocher

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

Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis Image

Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis

Avalon Zoppo

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

Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship Image

Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship

Stan Soocher

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.

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