Features

Hidden Details of AI Training Data Set Creates Dilemma for Copyright Holders’ Infringement Claims
How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That’s a dilemma that surfaced in late August when a federal judge dismissed a claim of direct infringement raised by a group of authors.
Features

Discovery Block In Authors’ Direct Infringement Claim Against Mosaic AI Program
How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That dilemma surfaced when a California federal judge recently dismissed a claim of direct infringement raised by a group of authors.
Features

Recent Decisions from CA and NY On AI Training and Copyright
In late July, two important decisions came down from courts in the Northern District of California regarding the unauthorized use of copyrighted material for the training of large language models. No real consensus has emerged as to the effect they will have on the broader AI litigation landscape.
Features

Copyright-Termination Case Complexities and Sixth Circuit’s Decision In “Que Sera Sera” Litigation
The Nashville federal court where the lawsuit was filed summarized the litigation as “concern[ing] the rights to a prolific composer’s music, a dizzying estate plan, and two descendants at odds over how to manage the royalties those compositions earn.”
Features

Copyrights Battles and the Downfall of EU AI Act
While the EU AI Act certainly deserves compliments for both its pioneering nature and numerous thoughtful provisions aimed at the efficient and effective regulation of modern AI, it is not without its drawbacks.
Features

Denmark Deepfake Strategy Anchored In Copyright, Not Privacy
Denmark aims to make EU history by using copyright law — not privacy rules — to crack down on deepfakes and protect personal likenesses, diverging from the approaches adopted in the U.S. and other nations.
Features

Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited
A federal judge handed Meta a major win on June 24 in a closely watched copyright case over its use of books to train large language models, but the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.
Features

Ruling in Authors’ AI Suit Lays Out Cautionary Guidelines for Plaintiffs’ Lawyers in Similar Cases
A federal judge handed Meta a major win in a closely watched copyright case over the use of books to train large language models (LLMs). But the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.
Features

Second Circuit Ruling on Copyright Fair Use Defense and Infringement Lawsuit Default Judgments
In copyright litigation, an infringement defendant may claim fair use as an affirmative defense. But the Second Circuit recently ruled that a district court, on its own initiative, could raise a fair use defense for a defendant that hadn’t appeared in the case.
Features

ChatGPT’s Ghibli-Style Images Are Testing Copyright Law
Last month, a flood of whimsical, dreamlike portraits in the style of Studio Ghibli (the Japanese animation studio) swept across social media. What began as a playful social trend quickly raised legal concerns. Within days, users began reporting that OpenAI had restricted prompts referencing specific artistic styles. This trend offers a live case study of how generative AI may implicate core doctrines of copyright law, including derivative works, substantial similarity, and fair use.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›