ABA Journal

Copyright Law

814 ABA Journal Copyright Law articles.

Grisham, other legal novelists among authors suing OpenAI for using their copyrighted work

Several legal novelists, including John Grisham and Scott Turow, are among 17 authors joining with the Authors Guild in a proposed class action lawsuit against the artificial intelligence program OpenAI.

DC Circuit decision is victory for public-access group that posts technical standards online

A nonprofit group isn’t liable for copyright infringement when it posts technical standards online that have been developed by private groups and then incorporated into government regulations, a federal appeals court has ruled.

Copyright Law and Generative AI: What a mess

“A lot of these [copyright] issues have existed for some time,” says a partner and chair of the software and IT practice at Knobbe Martens in its Seattle office. “It’s coming to the forefront of communications because of the availability [of generative AI].”

Art generated by AI can’t be copyrighted, DC court says

Art created by artificial intelligence cannot receive copyright protection under U.S. law, a federal judge ruled last week in a case that could influence the outcomes of future disputes over authorship and intellectual property.

‘Offensive’ murals can be covered, despite federal law protecting artists, 2nd Circuit says

Murals that are deemed to be “offensive” can be covered up, despite an artist’s objections that such actions violate their rights, according to a ruling by the 2nd U.S. Circuit Court of Appeals at New York.

Meet Lawsuit Barbie: She’s been busy at Barbie’s courthouse

Barbie has been living in the real world for a long time. Because of the doll’s colossal success since its introduction in 1959, countless lawsuits have gone through the courts as the doll’s maker has sought to enforce its rights and protect her image.

Banana-on-wall artwork didn’t infringe another artist’s work, federal judge says

A federal judge in Miami has tossed an artist’s lawsuit contending that his copyrighted artwork consisting of a plastic orange and a banana duct taped to a green panel was infringed by a second banana display.

SCOTUS will consider First Amendment right to trademark ‘Trump too small’ without Trump’s consent

The U.S. Supreme Court has agreed to consider whether the First Amendment was violated when the U.S. Patent and Trademark Office refused to register a trademark for the slogan “Trump too small.”

Kagan, Sotomayor write dueling opinions in SCOTUS fair-use ruling against Andy Warhol Foundation

U.S. Supreme Court Justice Elena Kagan complained in a dissent Thursday that a majority ruling by liberal colleague Justice Sonia Sotomayor had adopted a “posture of indifference” and left “in shambles” part of a fair-use test used in copyright cases.

Sotomayor and Gorsuch didn’t recuse in cert denials involving their publisher

U.S. Supreme Court Justices Sonia Sotomayor and Neil Gorsuch failed to recuse themselves when considering cert petitions involving the publisher of their books, Penguin Random House.

Copyright case against Ed Sheeran based on ‘an extremely common chord progression,’ law prof says

Civil rights lawyer Benjamin L. Crump told jurors in Manhattan, New York City, in opening statements Tuesday that he has “a smoking gun” showing that singer Ed Sheeran copied the Marvin Gaye song “Let’s Get It On” when he wrote “Thinking Out Loud.”

When artists gain fame after death, questions can arise over copyright ownership

Several legal fights have pitted family members of an artist who died without a will against parties accused of commercially exploiting the artist’s work. Collectors or entrepreneurs who have obtained an artist’s physical work may then be tempted to try to profit from its underlying intellectual property, but they are different things.

Internet Archive’s scanning and lending of books violates copyrights, federal judge rules

A federal judge in Manhattan, New York City, has granted summary judgment to four publishers that sued the nonprofit Internet Archive for scanning copyrighted books and lending them out in digital form.

Breaking up is hard to do, Greenberg Traurig learns after finally succeeding in dropping rapper Ye

Greenberg Traurig has finally served notice on rapper Ye that it is dropping him as a client. The law firm was able to serve the rapper formerly known as Kanye West with the help of a California lawyer.

Meet the lawyer representing Trump in his lawsuit against journalist Bob Woodward

The new lawyer representing former President Donald Trump in his lawsuit against journalist Bob Woodward initially practiced law as a barrister in Great Britain.

Read more ...