Posts Tagged: "copyright"

Respondents to UK AI Consultation Overwhelmingly Want AI Companies to License Copyrighted Works in All Cases

In a Progress Statement published Monday, the UK Government said that its ongoing consultation on copyright and AI has drawn over 11,500 responses, 10,112 of which were submitted via an online survey service, and that 88% of those who responded online supported requiring licenses to use copyrighted works for AI training in all cases.

Bill Aimed at Fixing Problems Raised by Perlmutter Suit Could Be on Fast-Track

The “Legislative Branch Agencies Clarification Act” (H.R. 6028), which was introduced in November and would require the Librarian of Congress to be appointed by a bipartisan commission of congress, as well as remove the Librarian’s authority over the Copyright Office, is reportedly on a path to be fast-tracked. Re:Create, an organization with the stated mission of fighting for “a balanced copyright system that is pro-innovation, pro-creator, and pro-consumer,” along with seven other copyright and consumer advocacy groups, sent a letter to House Speaker Mike Johnson and the House Administration Committee on December 11 urging Committee Members to slow their consideration of the bill, citing reports that “the House is considering swift passage…possibly on the suspension calendar or through other expedient means.”

Second Circuit Dismisses Zuru’s Appeal in LEGO Copyright/Trademark Case for Lack of Jurisdiction

The U.S. Court of Appeals for the Second Circuit on Tuesday dismissed an appeal from Zuru Inc. in its ongoing copyright and trademark dispute with the Lego group, finding that the court lacked appellate jurisdiction. Lego A/S, Lego Systems, Inc., and Lego Juris A/S first brought claims against Zuru Inc. in 2019, alleging that Zuru’s “First-Generation” toy figurines infringed on the copyright and trademark rights of Lego’s Minifigure. The U.S. District Court for the District of Connecticut granted Lego’s motion for a preliminary injunction, which enjoined Zuru from manufacturing or selling the infringing First-Generation figurines and “any figurine or image that is substantially similar to the Minifigure Copyrights or likely to be confused with the Minifigure Trademarks.”

Senate IP Subcommittee Hears from Witnesses on Impact of Proposal to Compensate Artists for Radio Plays

The Senate Subcommittee on Intellectual Property held a hearing on Tuesday that included testimony from the band Kiss’s co-founder, Gene Simmons, to discuss issues surrounding a proposed bill to compensate performers when their songs are broadcast on terrestrial radio stations. “America remains the only democratic nation and one of the few countries globally that does not compensate performers or copyright holders when their songs are played on AM/FM radio,” said IP Subcommittee Chair Thom Tillis (R-NC).

Understanding IP Matters: Taming the Wild West of AI

As AI adoption accelerates, it is crucial that companies act proactively to develop risk, compliance, and ethical frameworks to ensure sustainable innovation and responsible IP use. On the current episode of Understanding IP Matters, Allison Gaul, a registered patent attorney who evaluates digital products with an eye toward intellectual property strategy, value creation, and legal risk, discusses the aggressive landscape of data acquisition by various AI entities.

New York Times Sues Perplexity AI in Latest IP Case Against GenAI Companies

On December 5, The New York Times Company (the Times) filed a complaint for copyright and trademark infringement against Perplexity AI, Inc. in the U.S. District Court for the Southern District of New York, adding another major lawsuit to the growing wave of litigation against generative artificial intelligence (AI) companies. The Times alleged in its filing that Perplexity engaged in “large-scale, unlawful copying and distribution” of millions of its articles to build its AI-powered “answer engine.” The complaint argued that Perplexity’s products directly substitute for the newspaper’s own content, thereby undermining its business and devaluing its journalism. Perplexity’s conduct “threatens this legacy and impedes the free press’s ability to continue playing its role in supporting an informed citizenry and a healthy democracy,” the Times argued.

SCOTUS Delays Trump Bid to Oust Perlmutter Pending Arguments in Similar Cases

Last week, the U.S. Supreme Court issued an order deferring a decision in Trump v. Perlmutter, a case in which President Donald Trump is asking the Court to stay an interlocutory injunction issued by the U.S. Court of Appeals for the D.C. Circuit in September that allowed Register of Copyrights Shira Perlmutter to return to her post pending her lawsuit against Trump for removing her from office.

Cox v. Sony Arguments Signal Justices May Fashion Middle-Ground Liability Test for ISPs

The U.S. Supreme Court justices today seemed skeptical of Cox Communications’ arguments that it should not be held liable for contributory infringement for failing to terminate internet access to subscribers who were alleged to have committed infringement, but had tough questions for both sides in Cox Communications, Inc. v. Sony Music Entertainment, Inc.

No Infringement Intended: Insights on the Legality of Music Sampling

The practice of music sampling, which is the integration of pre-recorded sounds into new musical gestures, experienced a golden, unregulated age in the late 1980s that is almost unimaginable today. Major works like Public Enemy’s It Takes a Nation of Millions to Hold Us Back (1988) and De La Soul’s 3 Feet High and Rising (1989) layered dozens of samples on a single track, while massive commercial hits like Tone-L?c’s “Wild Thing” (1988) openly lifted core musical elements.

WIPO Report Details Change in Consumer Perceptions of IP Rights

The World Intellectual Property Organization (WIPO) today released its second edition of the WIPO Pulse comprehensive survey, titled “Global intellectual property perception survey 2025,” analyzing the perceptions of intellectual property of 35,500 respondents in 74 countries that represent approximately 80% of the target population aged 18 to 65 worldwide between February 20 and April 25.

SCOTUS Denies Petition Seeking Review of Ninth Circuit’s ‘Gone in 60 Seconds’ Copyright Ruling

The U.S. Supreme Court on Monday denied certiorari in Halicki v. Carroll Shelby Licensing, a case in which Denice Shakarian Halicki, widow of the creator of the “Gone in 60 Seconds” film franchise sought review of a U.S. Court of Appeals for the Ninth Circuit decision that held the car character “Eleanor,” a customized Ford Mustang, was not entitled to copyright protection.

Perlmutter Tells SCOTUS Trump is Making ‘An Inexcusable Mess’ of Library of Congress Governance

Two weeks after the Trump administration asked the U.S. Supreme Court to stay an interlocutory injunction issued by the U.S. Court of Appeals for the D.C. Circuit, in September that allowed Register of Copyrights Shira Perlmutter to return to her post pending her lawsuit against President Donald Trump for allegedly illegally removing her from office, Perlmutter has responded. In her opposition to the application for a stay, filed on Monday, Perlmutter accused the administration of making “an inexcusable mess of Congress’s plans for the governance of its Library.”

Supreme Court Grants Solicitor General’s Motion to Participate in Cox ISP Copyright Case

The U.S. Supreme Court on Monday granted a motion from the U.S. Solicitor General to participate in oral argument as an amicus in the copyright case between Cox Communications and Sony Music Entertainment. The order allows the government to weigh in during the December 1 hearing on whether an internet service provider (ISP) can be held contributorily liable for copyright infringement committed by its users.

Mixed UK High Court Ruling Fails to Answer Fundamental Questions of AI Copyright Infringement

Today, Mrs Justice Joanna Smith DBE of the United Kingdom’s High Court of Justice issued a highly awaited ruling in Getty Images (US) Inc. v. Stability AI Ltd., a case which was expected to have major implications in determining liability for generative artificial intelligence (AI) developers under UK intellectual property law. The 205-page decision, which mainly focuses on Getty’s trademark claim while also clarifying important aspects of secondary copyright liability in the AI context, failed to address certain fundamental questions in large part because Getty failed to raise sufficient evidence to proceed with its claim of primary copyright infringement at trial.

Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works

On Friday, October 31, Professors Shlomit Yanisky-Ravid, Lawrence Lessig and a number of other professors and researchers filed an amicus brief with the U.S. Supreme Court in support of Dr. Stephen Thaler’s petition for a writ of certiorari in Thaler v. Perlmutter, which is urging the Court to grant certiorari and recognize copyright protection for works generated by artificial intelligence (AI). The brief argued that “excluding AI-generated works from copyright protection threatens the foundations of American creativity, innovation, and economic growth,” warning that the lower court’s interpretation, which requires human authorship, disregards the “spirit of the Copyright Act.”

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