Tag: Copyright

Intellectual Property

Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

Written by Alex Anfuso and Eleanor M. Lackman In Carroll Shelby Licensing v. Halicki, No. 23-4008 (May 27, 2025), the Ninth Circuit recently weighed in again on the scope of copyright protection for characters, denying protection to a series of Ford Mustangs called “Eleanor.”  The cars appeared, in varying forms, in four separate films between 1974 and 2000.   Eleanor first appeared in the original … Continue reading Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

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Intellectual Property

The Copyright Office Report on AI and Fair Use: A Generative Controversy

Written by James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended discussion of how copyright law applies to the so-called “training” of generative artificial intelligence (better known as “generative AI”). Generative AI is the rapidly developing field exemplified by products … Continue reading The Copyright Office Report on AI and Fair Use: A Generative Controversy

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artificial intelligence, Intellectual Property, Specialties

No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork

Written by Brandon E. Hughes In Thaler v. Perlmutter, No. 23-5233, 2025 WL 839178 (D.C. Cir. Mar. 18, 2025), the latest opinion exploring the intersection between generative AI and copyright law, the United States Court of Appeals for the District of Columbia Circuit tackled a fundamental question: “Can a non-human machine be an author under the Copyright Act of 1976?” Ultimately, the Court affirmed the … Continue reading No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork

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Intellectual Property

Court Unplugs AI Fair Use Defense, But Context Is Key

Written by Mark Humphrey Yesterday, the United States District Court for the District of Delaware became the first court in the United States to issue a substantive decision on whether using copyrighted material to “train” an artificial intelligence (AI) tool is protected by the fair use doctrine, finding that fair use did not apply under a rather unique set of facts. Thomson Reuters Enterprise Centre … Continue reading Court Unplugs AI Fair Use Defense, But Context Is Key

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Intellectual Property

Eight Mile Style v. Spotify: District Court Holds Doctrine of Equitable Estoppel Bars Copyright Claims

Written by Robert H. Rotstein On August 15, 2024, a federal district court granted summary judgment to defendants Spotify USA Inc. (“Spotify”) and the Harry Fox Agency (“HFA”) in their long-running copyright-infringement dispute with plaintiffs Eight Mile Style and Martin Affiliated, LLC (together, “Eight Mile Style”) over the service’s streaming of Eminem’s catalog. Eight Mile Style, LLC  v. Spotify USA Inc., 3:19-CV-00736, 2024 WL 3836075 … Continue reading Eight Mile Style v. Spotify: District Court Holds Doctrine of Equitable Estoppel Bars Copyright Claims

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Intellectual Property

Vetter v. Resnik: A Copyright Termination Opinion that Knows No Boundaries

Written by Eric J. Schwartz and Rebecca Benyamin For the first time, a federal court has held that termination rights under Section 304 of the Copyright Act of 1976 (17 U.S.C. § 304) re-capture not only U.S. copyright rights, but also foreign rights as well, where the original grant of rights was for “worldwide” rights. Vetter v. Resnik, No. 23-1369-SDD-EWD, 2024 WL 3405556 (D. La. … Continue reading Vetter v. Resnik: A Copyright Termination Opinion that Knows No Boundaries

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Intellectual Property

Assuming, But Not Deciding, That a Discovery Rule Exists, SCOTUS Rejects Three-Year Limit on Copyright Damages

Written by Samantha W. Frankel On May 9, 2024, the U.S. Supreme Court issued a 6-3 ruling in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 601 U.S. —-, 2024 WL 2061137 (U.S. May 9, 2024), resolving a circuit split over whether copyright law’s three-year statute of limitations bars a plaintiff from recovering all monetary damages suffered from inception even though the plaintiff discovered the … Continue reading Assuming, But Not Deciding, That a Discovery Rule Exists, SCOTUS Rejects Three-Year Limit on Copyright Damages

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Intellectual Property

Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment

Written by Brandon E. Hughes In 2022, Shosh Yonay and Yuval Yonay sued Paramount Pictures Corporation, principally asserting a copyright infringement claim related to the 2022 motion picture Top Gun: Maverick—sequel to the 1986 film Top Gun.  Plaintiffs are the widow and son of Ehud Yonay, the author of a 1983 magazine article (the “Article”), which chronicled the experiences of pilots training at the Navy’s … Continue reading Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment

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Intellectual Property

Holding That Not All Secondary Liability is the Same, the Fourth Circuit Vacates $1 Billion Copyright Infringement Judgment

Written by Elaine Nguyen Last week, the U.S. Court of Appeals for the Fourth Circuit reversed a $1 billion judgment in favor of record companies against Cox Communications, Inc. Sony Music Entertainment v. Cox Communications, Case No. 2-1168 (4th Cir. Feb. 20, 2024). The opinion addressed the liability of Internet Service providers (“ISPs”) for copyright infringement committed by their subscribers. The case stemmed from allegations … Continue reading Holding That Not All Secondary Liability is the Same, the Fourth Circuit Vacates $1 Billion Copyright Infringement Judgment

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Intellectual Property

Of Ink and Cool Jazz: California Jury Finds For Defendants in Copyright Infringement Case

Written by Chloe Briggs On Friday, January 26, 2024, a jury in the Central District of California rendered a verdict holding that celebrity tattoo artist Kat Von D and related entities did not infringe photographer Jeffrey Sedlik’s copyrighted photo of Miles Davis by tattooing Davis’s image onto a friend’s arm. The jury found that the works were not substantially similar.  Plaintiff Jeffrey Sedlik filed a … Continue reading Of Ink and Cool Jazz: California Jury Finds For Defendants in Copyright Infringement Case

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