Mealey's Copyright

  • July 15, 2024

    11th Circuit Affirms Judgment Against Bar Owner In Boxing Match Copyright Fight

    ATLANTA — On its second consideration of an appeal in the case, an 11th Circuit U.S. Court of Appeals panel affirmed an Alabama federal judge’s decision to deny a bar owner’s motion to vacate a judgment against him in a case brought by a sports streaming company that said he violated the company’s copyright by showing a boxing match at the bar without a license, holding that the bar owner waived his argument that he should have had a jury trial when he failed to make the argument in response to a magistrate judge’s report and recommendation.

  • July 12, 2024

    DMCA Claims In GitHub AI License Dispute Dismissed For 3rd, Final Time

    OAKLAND, Calif. — John Doe defendants suing GitHub Inc. and others for a purported lack of attribution of their shared materials in artificial intelligence (AI) products saw their claims under the Digital Millennium Copyright Act (DMCA) dismissed for a third time, this time with prejudice.

  • July 11, 2024

    Federal Judge: Publisher Fails To State Claim In Copyright Infringement Suit

    FRESNO, Calif. — A California federal judge dismissed a copyright violation complaint brought by a publication company against an insurance company, finding that the publisher failed to establish whether the insurer had a license to the publisher’s workers’ compensation newsletter that would have allowed the insurer to distribute the newsletter to all employees of the insurer.

  • July 08, 2024

    OpenAI, New York Times Debate Discovery Of Reporters’ Notes In AI Copyright Suit

    NEW YORK — In letter briefing, the New York Times Co. (NYT) and OpenAI battle over whether copyright claims linked to artificial intelligence ChatGPT’s alleged reproduction of news articles permit discovery into reporters’ notes and associated materials underlying the stories.

  • July 05, 2024

    Microsoft, OpenAI Defend Need For Consolidation Of Media AI Suits

    NEW YORK — Companies at the heart of suits over artificial intelligence urged a federal judge in New York in July 3 reply briefs to consolidate two cases brought by various newspapers and grant additional time for discovery required by the sprawling nature of the allegations.

  • July 03, 2024

    7th Circuit: Lower Court Must Reconsider Copyright Damages In Trade Secrets Suit

    CHICAGO — A panel of the Seventh Circuit U.S. Court of Appeals on July 2 held that an Illinois federal judge incorrectly calculated damages against a mobile communications company for using stolen copyrighted code from another mobile communications company, with the panel finding that without specific proof that the code was stolen from an Illinois server, copyright damages should be lowered.

  • July 03, 2024

    3rd Circuit: Claims Of Copyright Violation Negated By Licensing Agreement

    PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals affirmed the dismissal of a copyright infringement claim brought by a woman and the health company she owns against her brother and his affiliated health company, affirming the finding of a Pennsylvania federal judge that an agreement between the siblings allowed the brother total freedom to create and distribute works related to a hormone therapy system she created.

  • July 01, 2024

    9th Circuit Affirms Use Of ‘Server Test’ To Reject Goat Photo Copyright Claim

    SAN FRANCISCO — A Nevada federal judge correctly applied the “server test” to determine that a photographer’s copyright to a picture of an escaped goat was not infringed by a website operator showing the photo on the website, a panel of judges in the Ninth Circuit U.S. Court of Appeals held June 28.

  • June 28, 2024

    High Court Overrules Chevron Deference, Changes Standard For Regulatory Review

    WASHINGTON, D.C. — The U.S. Supreme Court on June 28 voted 6-3 to overrule the doctrine of Chevron deference as incompatible with the Administrative Procedure Act (APA) in two cases arising out of federal fishing regulations, changing governing precedent for federal courts reviewing agencies’ regulatory actions.

  • June 28, 2024

    Federal Circuit Transfers Copyright Row Over Russian Band To 11th Circuit

    WASHINGTON, D.C. — A panel of judges in the Federal Circuit U.S. Court of Appeals found a that record label should not have appealed to that circuit a Florida federal judge’s finding that the label failed to establish personal jurisdiction against a French company for allegedly infringing on copyrights related to a Soviet-era Russian boy band, ordering that the appeal be transferred to the 11th Circuit U.S. Court of Appeals.

  • June 26, 2024

    Music Industry Entities Sue Pair Of AI Companies Over Copying Of Recordings

    NEW YORK — Two companies trained artificial intelligence on decades’ worth of copyrighted sound recordings with “rapid and devastating” effect, various music industry entities claim in a pair of June 25 complaints filed in Massachusetts and New York federal courts, warning that the technology presents both “promise and peril.”

  • June 26, 2024

    7th Circuit: Church, Not Founder’s Grandson, Owns Copyright To Photo Of Founder

    CHICAGO — The son and grandson of the late founder of a Christian organization cannot bring copyright counterclaims about a photo taken of the founder by his son and used in promotional materials, a panel of the Seventh Circuit U.S. Court of Appeals ruled, affirming an Indiana federal judge’s grant of summary judgment in the company’s favor in part because the photo was a “work made for hire.”

  • June 26, 2024

    1st Circuit: Singer Is ‘Featured Artist,’ Entitled To Royalties From Records

    BOSTON — The former lead singer of one of Puerto Rico’s most popular musical acts is a “recording artist . . . featured” on the band’s recordings and not the corporate entity that owns the band or that entity’s owner, a panel of the First Circuit U.S. Court of Appeals ruled, reversing a Puerto Rico federal judge’s decision to deny summary judgment to the singer in a royalty dispute over certain of the band’s recordings.

  • June 25, 2024

    Music Industry’s AI Suit Will Play In California After Transfer

    NASHVILLE, Tenn. — Music publishers sued a California-based artificial intelligence company in Tennessee and must live with the fact that they have not shown that the fact that the company employes a few individuals who chose to work from home in Tennessee satisfies the jurisdiction hurdle, a federal judge in Tennessee said June 24.

  • June 19, 2024

    Microsoft Joins OpenAI’s Call For Consolidation Of Media AI Suits

    NEW YORK — Microsoft Corp. joined in various OpenAI entities’ motion to consolidate a suit brought by eight news organizations challenging outputs from the ChatGPT artificial intelligence and its associated programs with a similar suit filed by The New York Times Co., saying in its joinder brief filed in a federal court in New York that doing so will combine suits that challenge similar technologies.

  • June 18, 2024

    Claims Over Hotel’s Use Of Minors’ Photo On Instagram, Website Dismissed

    LOS ANGELES — Citing issues of preemption and shotgun pleadings, a California federal judge dismissed claims of copyright infringement, unfair competition and misappropriation, among others, that were brought against a hotel for its online use of an Instagram picture of two minors that purportedly exceeded any consent granted by the copyright holder.

  • June 17, 2024

    Judge Affirms Jury Verdict, Award Against Creators Of Video Game Cheat

    SEATTLE — Affirming a jury’s finding that five defendants infringed copyrights in the popular Destiny 2 video game series by creating a cheat for it that they sold online, a Washington federal judge also entered a permanent injunction and a monetary judgment of $63,210 in favor of the video game developer, per the jury’s recommendation.

  • June 17, 2024

    Plaintiffs Won’t Amend Privacy Action Involving ChatGPT After Dismissal

    SAN FRANCISCO — Plaintiffs confronted with a court ruling finding their privacy and California unfair competition law (UCL) action involving artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom told a federal judge in California on June 14 that they will not amend their complaint and asked the court to close the case.

  • June 17, 2024

    Media Company May Update AI Suit With More Specificity, Federal Judge Says

    NEW YORK — The Intercept Media Inc. may amend its artificial intelligence copyright complaint to address “seeming lack of specificity” in the action, a federal judge in New York said, noting that he will consider existing briefing on a motion to dismiss as targeted to the amended filing and will rule quickly after the filing of supplemental briefing.

  • June 14, 2024

    New York City Can Intervene In Cannabis Cruise Copyright, Trademark Litigation

    NEW YORK — Citing the “undeniable interest” the city of New York has in a trademark and copyright infringement action involving the “NYC NEW YORK CANNABIS” logo, a federal judge in New York has granted the city’s motion to intervene.

  • June 13, 2024

    Proctor & Gamble Tells 2nd Circuit Febreze Jingle Did Not Infringe Song

    NEW YORK — A five-note melodic hook that is part of a copyrighted song is not separately protectable, Proctor & Gamble Corp. (P&G) and others argue in an appellee brief, asking the Second Circuit U.S. Court of Appeals to affirm a trial court’s dismissal of a musician’s complaint in which he alleged that the Febreze advertising jingle infringed the hook.

  • June 12, 2024

    1st Circuit: No Final Judgment With Registration Requirement Dismissal

    BOSTON — A graphic designer whose copyright infringement allegations against a former client were dismissed by a federal judge in Massachusetts saw the action reinstated by the First Circuit U.S. Court of Appeals, which ruled that a prior action between the parties was not claim preclusive.

  • June 12, 2024

    Netflix, Amici Tell 10th Circuit Use Of Clip In ‘Tiger King’ Was Fair

    DENVER — In a supplemental brief filed at the behest of a 10th Circuit U.S. Court of Appeals panel that granted its petition for rehearing, Netflix Inc. argues that a recent U.S. Supreme Court ruling supports a finding that its use of an unlicensed video clip in its wildly popular “Tiger King” docuseries constituted fair use under Section 107 of the Copyright Act.

  • June 12, 2024

    Panel Reinstates Trade Secret Liability Verdict, Affirms Denial Of Fees

    WASHINGTON, D.C. — Allegations of patent infringement voluntarily dismissed midtrial and copyright infringement on the eve of trial were not so devoid of merit as to justify an award of attorney fees in favor of a defendant medical equipment company, the Federal Circuit U.S. Court of Appeals affirmed June 11.

  • June 10, 2024

    N.Y. Copyright Case Against Reuters Tossed In Favor Of Spain Contract Action

    NEW YORK — A federal judge in New York on June 7 dismissed a photojournalist’s copyright infringement action against Delaware-based Reuters America LLC and Reuters News & Media Inc. on forum non conveniens grounds, writing that despite potential forum shopping by the news agencies, the “central dispute” between the parties “is between Spanish citizens over events that took place in Spain,” which will necessarily be governed by Spanish contract law.