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Global IP & Technology Law
Ackerman v. Pink asks how much of a written history can be claimed as proprietary by the author of that history. The answer: Not much. It is black letter that the author of a non-fiction work cannot prevent others from using historical facts in some other work – even if those historical facts are known...… Continue Reading The post No Infringement of Nonfiction Work by Makers of Tetris Film – Court Uses Wrong Analysis to Reach the Right Result appeared first on Global IP & Technology Law Blog.
March 2025 | Blog
In what may turn out to be an influential decision, Judge Stephanos Bibas ruled as a matter of law in Thompson Reuters v. Ross Intelligence that creating short summaries of law to train Ross Intelligence’s artificial intelligence legal research application not only infringes Thompson Reuters’ copyrights as a matter of law but that the copying...… Continue Reading The post Court: Training AI Model Based on Copyrighted Data Is Not Fair Use as a Matter of Law appeared first on Global IP & Technology Law Blog.
February 2025 | Blog
It seems the Supreme Court will decide (again) whether a claim for copyright infringement can extend to infringement that occurred more than three years before filing suit. In Warner Chappell Music, Inc. v. Nealy, the Supreme Court will resolve a classic circuit split – the Second Circuit holding that no damages can be obtained for...… Continue Reading The post Did the Supreme Court Rule that the Copyright Act Bars Damages for Old Infringement – Or Was It Just Sloppy Drafting? appeared first on Global IP & Technology Law Blog.
October 2023 | Blog
Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though VHT had registered all of the works at issue as part of a single database....… Continue Reading The post Ninth Circuit Holds that Registration of a Single Photography Database Supports Award of Statutory Damages for Each Individual Photo in the Database appeared first on Global IP & Technology Law Blog.
June 2023 | Blog
Today, in a unanimous decision, the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the...… Continue Reading The post No First Amendment Right to Confuse Consumers, High Court Holds appeared first on Global IP & Technology Law Blog.
The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. In the weeks that followed, the Supreme Court’s decision in Andy Warhol...… Continue Reading The post Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use appeared first on Global IP & Technology Law Blog.
In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software. Because defendant World Programming Limited (“WPL”) had shown that some elements of plaintiff SAS Institute’s (“SAS”)...… Continue Reading The post Federal Circuit Holds that Software Plaintiff Bears Evidentiary Burden of Copyrightability Where Defendant’s Evidence Shows Some Elements Not Copyrightable appeared first on Global IP & Technology Law Blog.
May 2023 | Blog
A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a...… Continue Reading The post District Court Rules Internet Archive’s Open Library Project is Not Fair Use appeared first on Global IP & Technology Law Blog.
March 2023 | Blog
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