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Articles by Danielle Bulger
AI Training and Copyright: Lessons Learned From the Third Circuit’s Decision in Thomson Reuters v. ROSS
The court held that Westlaw’s editorial headnotes are protected by copyright and that ROSS Intelligence’s use of those headnotes to train a competing, non-generative AI legal research tool was not fair use. The opinion was careful to distinguish generative AI, and the core questions in the pending generative AI cases remain open. Even so, the decision offers lessons for both AI developers and content owners.
House GAAIA Discussion Draft Proposes Federal AI Governance Framework
Share This Page Email On June 4, US Representatives Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.) released a discussion draft of the bipartisan Great American AI Act of 2026 (GAAIA), which would establish a framework regulating artificial intelligence (AI) at the federal level. On The draft builds upon work from the bipartisan House AI Task Force.
Tenth Circuit Affirms Fair Use of Archival Footage in Tiger King Copyright Dispute
The saga of Joe Exotic has generated no shortage of legal drama. And a recent Tenth Circuit decision adds an important new chapter — one with significant implications for copyright holders and content creators alike across the entertainment industry. In Whyte Monkee Productions, LLC v. Netflix, Inc., No. 22-6086 (10th Cir. Apr.
Tenth Circuit Affirms Fair Use of Archival Footage in Tiger King Copyright Dispute
In Whyte Monkee Productions, LLC v. Netflix, Inc., No. 22-6086 (10th Cir. Apr. 30, 2026), the Tenth Circuit summary judgment in favor of Netflix and its production partner, holding that the documentary series Tiger King: Murder, Mayhem and Madness made fair use of approximately 66 seconds of funeral footage.
The Business of AI Avatars: Key Legal Risks and Best Practices | JD Supra
The use of artificial intelligence (AI) to generate digital representations of real or fictional people — “AI avatars” — offers new ways to build brands, drive engagement, and grow revenue by accelerating content creation and lowering production costs. It also raises the following important legal considerations.
The Business of AI Avatars: Key Legal Risks and Best Practices
The use of artificial intelligence (AI) to generate digital representations of real or fictional people — “AI avatars” — offers new ways to build brands, drive engagement, and grow revenue by accelerating content creation and lowering production costs. It also raises the following important legal considerations.
The Internet on Trial: Contributory Liability for ISPs Heads to the Supreme Court
Share This Page Email On December 1, the US Supreme Court will hear oral arguments in a case that could reshape secondary copyright liability for internet service providers (ISPs) and other network operators. On In Cox Communications v.
Judge Pauses Anthropic’s $1.5 Billion Copyright Settlement | JD Supra
Anthropic PBC entered into a proposed class-wide settlement that would resolve Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal.), a high-profile copyright infringement action challenging the company’s use of millions of books to train its Claude large language models. However, on September 8, Judge William Haskell Alsup denied preliminary approval of the settlement without prejudice, requesting additional information and a revised notice and claims protocol.
Judge Pauses Anthropic’s $1.5 Billion Copyright Settlement
Share This Page Email Anthropic PBC entered into a proposed class-wide settlement that would resolve Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal.), a high-profile copyright infringement action challenging the company’s use of millions of books to train its Claude large language models. On However, on September 8, Judge William Haskell Alsup denied preliminary approval of the settlement without prejudice, requesting additional information and a revised notice and claims protocol.
Landmark Ruling on AI Copyright: Fair Use vs. Infringement in Bartz v. Anthropic | JD Supra
In one of the first substantive decisions analyzing whether the use of copyrighted works to train large language models (LLMs) for generative artificial intelligence (AI) services is infringing or a fair use, Judge William Alsup issued a split decision in his summary judgment order. See Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal. Aug 19, 2024).
2024 Copyright and Technology Conference
The Copyright Society’s fifteenth annual Copyright and Technology Conference will feature multiple panel discussions with technologists, attorneys, media professionals, and public policy decision makers, all focusing on the dramatic and fast-moving influences technology has on copyright law in the digital age.
Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law
On Data scraping is the process by which data is extracted and copied from websites, including social media platforms, usually for the purpose of training AI large language models. Because scraped data can include user-generated content and personal information, many companies explicitly prohibit data scraping through their terms of use.
US Supreme Court Holds No Limit to Number of Years for Which Copyright Infringement Damages Are Recoverable Under the “Discovery Rule” | JD Supra
For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the extent to which damages are recoverable. See Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 2024 WL 2061137, at *2 (US May 9, 2024). The case holds that a plaintiff with a timely claim under that rule can obtain monetary relief no matter when the infringement occurred.
US Supreme Court Holds No Limit to Number of Years for Which Copyright Infringement Damages Are Recoverable Under the “Discovery Rule”
On See Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 2024 WL 2061137, at *2 (US May 9, 2024). The case holds that a plaintiff with a timely claim under that rule can obtain monetary relief no matter when the infringement occurred. Stated otherwise, there is no time limit on monetary recovery.
Circuit Court Applies Warhol v. Goldsmith’s Updated “Transformative” Use Analysis in “Tiger King” Fair Use Suit | JD Supra
The US Circuit Court of Appeals for the Tenth Circuit overturned a federal district court's determination that Netflix made fair use of the plaintiff's video in the 2020 Netflix show “Tiger King,” citing last year’s US Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The copyright world has wondered what the impact would be of the US Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, issued last May.
Circuit Court Applies Warhol v. Goldsmith’s Updated “Transformative” Use Analysis in “Tiger King” Fair Use Suit
Off The copyright world has wondered what the impact would be of the US Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, issued last May. The historic decision updated the framework for determining if the use of a copyrighted work is “transformative” for the purpose of a fair use analysis in a lawsuit alleging copyright infringement.
Lost in Interpolation: For How Long Prior to Discovering Infringement Can Copyright Owners Recoup Damages? | JD Supra
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three years before the filing of a copyright infringement lawsuit. Under the “discovery rule,” a copyright claim may be timely brought within three years of when the plaintiff knew or reasonably should have known about the infringement.
Lost in Interpolation: For How Long Prior to Discovering Infringement Can Copyright Owners Recoup Damages?
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three years before the filing of a copyright infringement lawsuit. Under the “discovery rule,” a copyright claim may be timely brought within three years of when the plaintiff knew or reasonably should have known about the infringement.
Lost in Interpolation: For How Long Prior to Discovering Infringement Can Copyright Owners Recoup Damages?
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three years before the filing of a copyright infringement lawsuit. Off Under the “discovery rule,” a copyright claim may be timely brought within three years of when the plaintiff knew or reasonably should have known about the infringement.
Copyright Symposium: Transform: A New Horizon for Copyright
Date & Time Location University of California, Los Angeles Event Type Conference Add to Calendar Disabled Danielle Bulger will speak at the McCarthy Institute and UCLA Institute for Technology, Law & Policy 2024 Copyright Symposium on March 8, 2024. Danielle will speak at the second annual copyright symposium co-hosted by The McCarthy Institute at ASU Law and the UCLA Institute for Technology, Law and Policy.
No Copyright Protection for Works Created Solely by AI, DC Federal District Court Holds | JD Supra
On August 18, 2023, the US District Court for the District of Columbia held that the US Copyright Office did not abuse its discretion in determining that works generated entirely by artificial intelligence (AI) systems are ineligible for US copyright protection. The court’s opinion affirms the Copyright Office’s longstanding position that under the US Copyright Law, human authorship is a requirement for material to be eligible for copyright protection.
No Copyright Protection for Works Created Solely by AI, DC Federal District Court Holds
Off The court’s opinion affirms the Copyright Office’s longstanding position that under the US Copyright Law, human authorship is a requirement for material to be eligible for copyright protection. This decision comes after the guidance published by the Copyright Office in March 2023 regarding the preparation of applications for copyright registration for works that contain material generated using AI technology.
Supreme Court Rules Against Warhol Estate in Copyright Dispute Over Use of Photo of Prince for Magazine Cover - Potentially Wide-Reaching Implications for Generative AI for Visual Art | ArentFox Schiff - JDSupra
On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use under US Copyright Law.
To infinity and beyond: California court grants motion to dismiss trademark complaint against Meta logo
United States of America Legal updates: case law analysis and intelligence The court granted Meta’s motion to dismiss, finding that it “border[ed] on implausible” that Dfinity’s purchasers would be “duped by a logo”. Register for limited access Register to receive our newsletter and gain limited access to subscriber content. Register now Subscribe to unlock unlimited access Get news, unique commentary, expert analysis and essential resources from the WTR experts. Subscribe now Already have access?
Proposed Copyright Office Rule Requires Payment of Music Royalties to Terminating Songwriters | JD Supra
On October 25, 2022, the US Copyright Office proposed a new rule that would end and reverse actions of the Mechanical Licensing Collective (MLC) that have deprived songwriters and their heirs of US copyright royalties after they have recaptured ownership of their musical works following exercise of their statutory termination rights.
Second Circuit Keeps a Close “Watch” on IP Owners Pursuing the Secondary Market | JD Supra
The United States Court of Appeals for the Second Circuit recently affirmed a decision by the District Court for the Southern District of New York, finding that refurbished antique watches retaining an original manufacturer’s trademark and sold by a third-party defendant were not infringing. According to the appellate court, the watches’ origins were adequately disclosed and the defendant sufficiently disassociated itself with the trademark holder such that confusion was unlikely.
Replica Car Manufacturing Jumpstarted by NHTSA Rulemaking | JD Supra
The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual property, safety, and configuration requirements. Background Since 2011, the Specialty Equipment Market Association (SEMA) and other industry entities have pressured Congress for exemptions allowing small companies to produce and sell a limited number of replica vehicles.
Sovereign Immunity Prevails: Litigants Cannot Sue States for Copyright Infringement, Supreme Court Holds | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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