Introduction In copyright infringement cases, courts must determine whether one work impermissibly copies another’s protected expression. While the widely used “extrinsic test” focuses on comparing...
Copyright law broadly protects creative works and the human endeavors required to create an original work of authorship. However, creativity should not be confused with utility. A dictionary...
Consistency in intellectual property regimes is essential for a uniform practice of those intellectual property laws. Case in point is Thaler v. Perlmutter, a copyright case holding that works...
On January 31, 2025, the U.S. Copyright Office issued examination guidelines related to registration of works either assisted or generated by artificial intelligence tools. This blog discussed these...
The U.S. Copyright Office issued its second report on issues related to registration of works using artificial intelligence (AI). The second report, issued on January 29, 2025, discusses...
On September 4, 2024, the Court of Appeals for the Second Circuit decided Hachette Book Group, Inc. v. Internet Archive, denying the online digital repository’s ability to copy and distribute...
Resolving a circuit split on the issue of damages in copyright infringement cases, the U.S. Supreme Court held, in a 6-3 decision, in Warner Chappell Music, Inc. v. Nealy, 601 U.S.\\\ (2024), that a...
The issues where technology and intellectual property laws collide were discussed in the Ninth Circuit’s opinion in Hunley v. Instagram, LLC, decided on July 17, 2023. In Hunley, the Ninth Circuit...
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases is “limitation.” There...
In order to clarify policy-related issues involving artificial intelligence and the copyright law issue of authorship, the U.S. Copyright Office, on March 16, 2023, commenced an AI initiative....