Not Just AI: Traditional Copyright Decisions of 2025 That Should Be on Your Radar

In a year dominated by artificial intelligence (AI) copyright cases, 2025 also featured several influential cases on traditional copyright issues that will impact copyright owners, internet service providers, website owners, advertisers, social media users, media companies, and many others. Although the U.S. Supreme Court did not decide a copyright case this year, it heard argument on secondary liability and willfulness issues in Cox v. Sony. Lower courts continued to wrestle with applying the fair use factors two years after the Supreme Court issued Warhol v. Goldsmith. The divide over whether the “server test” applies to embedded works deepened—and remains unsettled. And the Ninth Circuit further refined the standard for pleading access to online works. This article highlights some of the most important copyright cases from this year and their practical implications.

A Seismic Shift at the USPTO: What Happened in 2025

The year 2025 was one of profound change at the U.S. Patent and Trademark Office (USPTO). The magnitude and rate at which changes were implemented is unprecedented. The size and role of the Patent Trial and Appeal Board (PTAB) in America Invents Act (AIA) proceedings like inter partes reviews (IPRs) was completely overhauled.

Other Barks and Bites for Friday, December 19: UK High Court Defines Scope of RAND Obligations; Senators Welch and Blackburn Introduce Copyright Reform Bill; and Global Value of Music Copyright Doubles Since 2015

This week in Other Barks and Bites: Will Page’s Global Value of Music Copyright report shows that industry revenues have doubled since 2015 despite slowing growth as pandemic impacts are no longer felt; the Federal Circuit rules that it lacks jurisdiction to hear an appeal of an $8 million bond set under an Idaho state law prohibiting bad faith patent assertions; Micron expects the market for high-bandwidth memory chips to reach $100 billion by 2018; and more.

Are State ‘Anti-Troll’ Laws Constitutional? The Federal Circuit Avoids the Question (For Now)

On Thursday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued its opinion in Micron Technology v. Longhorn IP. As reported earlier, the CAFC held that it lacked jurisdiction to hear Longhorn’s appeal from a district court order that required Longhorn to post an $8 million bond to proceed with a patent infringement case. In imposing the bond, the district court had relied on Idaho’s “anti-troll” statute, which outlaws assertions of patent infringement made in “bad faith.” Also under that statute, if a court finds a “reasonable likelihood” that a patent owner has made a bad faith assertion, the court must require the patent owner to post a bond equal to its opponent’s estimated litigation costs and damages.

CAFC Dismisses Appeal of $8 Million Bond in Micron Patent Case, Citing Lack of Jurisdiction

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential decision in Micron Technology, Inc. v. Longhorn IP LLC, dismissing an appeal from a district court’s order imposing an $8 million bond under the Idaho Bad Faith Assertions of Patent Infringement Act. The opinion was authored by Judge Lourie and joined by Judges Schall and Stoll.

Senators Introduce Bill to Make Copyright Registration Easier for Visual Artists

Senators Marsha Blackburn (R-TN) and Peter Welch (D-VT) have introduced a bill to streamline the copyright registration process for visual artists, such as photographers, illustrators and graphic artists. According to a press release issued by Blackburn yesterday, “the [copyright] registration process is so bureaucratic and complicated that the time and expense of compliance is too high for high-volume creators like photographers, illustrators, and graphic artists.”

No Infringement Intended: Insights on Sports and Copyright

For sports fans, certain moments are etched in memory, like Sid Bream sliding into home to clinch the pennant or Kelee Ringo’s interception to seal a national championship. Even celebratory dances, like Ickey Woods’ “Ickey Shuffle,” become part of the sport’s cultural legacy. These are sequences of planned and unplanned movements, which leads us to ask a question concerning intellectual property law: Can a coach’s football play be copyrighted? The answer, as with many IP issues, relies upon the distinction between a creative, fixed work and a purely functional, evolving activity. While the Ickey Shuffle might find protection in the eyes of the law, the play call that leads to the touchdown likely will not.

Subscribe to IPWatchdog

This is the best way to stay informed. We send a daily roundup of our latest news, press releases, and events.

Get Email Updates