Mealey's Copyright

  • September 08, 2023

    Independent Publisher Beats Copyright Office On Appeal To D.C. Circuit

    WASHINGTON, D.C. — The U.S. Copyright Office’s demand that an independent publisher of rare and out-of-print books deposit physical copies of the books or face a fine represents an unconstitutional taking of property without compensation, the District of Columbia Circuit U.S. Court of Appeals has ruled.

  • September 07, 2023

    9th Circuit: Pinterest Entitled To Safe Harbor On Copyright Claims

    SAN FRANCISCO — Because there is no dispute that algorithms and other processes employed by Pinterest for displaying content “alter user-uploaded content to facilitate access,” the Ninth Circuit U.S. Court of Appeals affirmed the rejection of copyright infringement claims by a graphic artist and photographer against the style and design sharing website.

  • September 05, 2023

    5th Circuit: Copyright Claims By Architect Were Correctly Rejected

    NEW ORLEANS — A real estate developer and others who prevailed on summary judgment in Texas federal copyright litigation prevailed again in an architect’s appeal of that ruling, with the Fifth Circuit U.S. Court of Appeals holding that the parties’ contract granted the defendant an express, nonexclusive license to certain preliminary design schematics for a senior living facility.

  • August 31, 2023

    Copyright Office Seeks Comments On Way Forward With Artificial Intelligence

    WASHINGTON, D.C. — The U.S. Copyright Office on Aug. 30 issued a notice of inquiry seeking comments related to artificial intelligence and whether legislative or regulatory steps are necessary.

  • August 29, 2023

    AI Companies Say ‘Fair Use’ Protects Chatbot From Copyright Holders’ Class Suit

    SAN FRANCISCO — OpenAI Inc. and affiliated companies that developed the ChatGPT AI program on Aug. 28 moved to dismiss the bulk of two putative class actions filed against them by writers and copyright holders including comedian Sarah Silverman, arguing that the plaintiffs failed to plead copyright infringement as OpenAI never distributed “derivative works” and was allowed under “fair use” to train its chatbot with large datasets of text.

  • August 25, 2023

    Contempt Findings In Oracle, Rimini Copyright Row Largely Upheld By 9th Circuit

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 24 said that while a federal judge in Nevada committed no abuse of discretion in holding Rimini Street Inc. in contempt for its continued storage of Oracle USA Inc. files in its computer systems, the tech support company was wrongly enjoined from de minimis copying of Oracle source code and wrongly sanctioned for copying an Oracle database file it received from a customer.

  • August 23, 2023

    Panel: Concealing Artwork Behind Barrier Neither ‘Modifies Nor Destroys’

    NEW YORK — A visual artist’s complaint against a law school that concealed his murals depicting the abolitionist movement was properly rejected on summary judgment, the Second Circuit U.S. Court of Appeals has ruled in a case that it said “presents weighty concerns that pin an artist’s moral right to maintain the integrity of an artwork against a private entity’s control over the art in its possession.”

  • August 21, 2023

    Judge:  Copyright Requires A Human, Can’t Protect Artificial Intelligence Art

    WASHINGTON, D.C. — A man found to have “put the cart before the horse” has appealed a holding by a District of Columbia federal judge that copyright law at its core historically requires a human creator and cannot protect art created by artificial intelligence (AI).

  • August 17, 2023

    In Longstanding Copyright Row, Injunction Against Rimini Temporarily Stayed

    LAS VEGAS — An emergency motion to stay an injunction pending the outcome of an appeal by Rimini Street Inc. to the Ninth Circuit U.S. Court of Appeals has been denied by a federal judge in Nevada, but in the same order the judge agreed to temporarily administratively stay the relief she recently ordered until the appellate court resolves an as-yet unfiled Rimini motion for a stay.

  • August 16, 2023

    DMCA, UCL Row Dispute Over Digital Street Scenery Dismissed In California

    SAN JOSE, Calif. — Allegations by a technical artist that his former employer, an autonomous vehicle company, falsely represented to a third party that his digital urban scenery was a work for hire under federal copyright law have been dismissed by a California federal judge.

  • August 16, 2023

    Amazon, Tolkien Estate Win Dismissal Of California Copyright Action

    LOS ANGELES — Two groups of defendants accused of copyright infringement by the author of an unauthorized sequel to the J.R.R. Tolkien “The Lord of the Rings” series won dismissal of the allegations by a federal judge in California.

  • August 14, 2023

    Panel: Completion Of Building Not Infringement Of Architect’s Copyright

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 11 upheld an Iowa federal judge’s determination that no actionable copyright infringement took place when the purchaser of an uncompleted building included in a Chapter 7 liquidation proceeding finished work on the structure without the permission of an architect.

  • August 14, 2023

    7th Circuit Vacates, Remands Denial Of Fee Award In Copyright Case

    CHICAGO — Findings by a federal judge in Illinois that an award of attorney fees in favor of a software licensee accused of infringement would not advance the purpose of federal copyright law “strays from our law,” the Seventh Circuit U.S. Court of Appeals ruled Aug. 11 in vacating and remanding.

  • August 10, 2023

    Apple Wins Transfer Of Copyright Case To New York Federal Court

    SAN FRANCISCO — A romance author’s copyright lawsuit against Apple Inc. in connection with its distribution of an allegedly infringing e-book belongs in New York federal court, a federal judge in California ruled Aug. 9.

  • August 09, 2023

    9th Circuit Denies Fees Requested By Prevailing Party In Copyright Case

    SAN FRANCISCO — On the heels of a recent bankruptcy discharge, a film director will not be ordered to reimburse attorney fees an actress incurred in defending a favorable summary judgment in California federal court, the Ninth Circuit U.S. Court of Appeals said Aug. 8.

  • August 07, 2023

    Copyright Row Over Ownership Of ‘Trump Tapes’ Sent To New York

    PENSACOLA, Fla. — A federal judge in Florida on Aug. 4 transferred a lawsuit by former President Donald J. Trump over copyright ownership of audio recordings made by journalist Bob Woodward to New York federal court.

  • August 01, 2023

    Emergency TRO Entered In Trademark, Copyright Row Between Shein, Temu

    CHICAGO — A federal judge in Illinois said July 31 that Roadget Business Pte. Ltd., operator of the low-cost fashion and home goods website, is likely to succeed on its contributory and vicarious trademark infringement and copyright infringement claims against the operators of the competing website

  • July 31, 2023

    ‘Virtually Certain’ Copyright Violations Keep AI Github Claims Alive, Class Says

    OAKLAND, Calif. — Anonymous plaintiffs defended California unfair competition law (UCL) and other claims stemming from the alleged use of licensed software posted to the Github repository to train artificial intelligence from a motion to dismiss, saying their allegations were “plausible, highly likely and indeed, virtually certain.”

  • July 31, 2023

    Maine Federal Judge Partly Dismisses Copyright Case Against EBay Inc.

    PORTLAND, Maine — An artist whose copyrighted photographs of her children were photoshopped and then used by others selling counterfeit costumes on saw her direct and contributory copyright infringement claims against the online marketplace dismissed July 28 by a federal judge in Maine.

  • July 28, 2023

    Copyright, Trademark Claims Leveled Over Kushner Documentary Tossed

    ROANOKE, Va. — A Virginia federal judge on July 27 granted dismissal of allegations of copyright and trademark infringement by the author of “Slumlord Millionaire,” a how-to book about the real estate industry, in connection with an identically-titled episode of the Netflix Inc. series “Dirty Money.”

  • July 25, 2023

    8th Circuit Affirms: Copyright Defendant Lacks Minimum Contacts

    ST. LOUIS — A copyright infringement lawsuit between two competing publishers over an ethics textbook was properly dismissed for lack of personal jurisdiction by an Iowa federal judge, the Eighth Circuit U.S. Court of Appeals ruled July 24.

  • July 24, 2023

    Zillow Asks 9th Circuit To Rethink Compilation Ruling In Online Photo Use Spat

    SEATTLE — One month after a Ninth Circuit U.S. Court of Appeals panel affirmed a lower court’s finding that a statutory damages award against Zillow Group Inc. for its unauthorized use of photos on its website should be calculated on a per-photo basis, the real estate listings platform provider filed a motion for rehearing on July 21, arguing that the infringed photos constituted a single compilation, thus meriting a single damages award.

  • July 20, 2023

    Jury Verdict, Fee Award Vacated By Panel In Chart Copyright Row

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals in what it deemed a case of first impression ruled that the registration of a derivative work entitles the author to a registration for all material included in the derivative, including material that previously appeared in an unregistered, original work.

  • July 19, 2023

    9th Circuit:  No Secondary Copyright Infringement For Embedded Instagram Photos

    SAN FRANCISCO — Because pictures from Instagram’s platform are not saved on the servers of third-party websites that embed the pictures in posts, a Ninth Circuit U.S. Court of Appeals panel found that the social network operator cannot be found liable for secondary infringement of any embedded copyrighted photos.

  • July 14, 2023

    Patent, Copyright, False Advertising Claims Won’t Proceed In Utah Dispute

    SALT LAKE CITY — A lawsuit by two companies that assert a variety of intellectual property-related claims against a competitor and former employee was trimmed substantially by a federal judge in Utah at the summary judgment stage.

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