-
Oct 17, 2024 | 
reuters.com | Anthony Dreyer |Karen M. Lent |Jordan Feirman
Musical notes are seen on on sheet music in this illustration photo April 4, 2018. REUTERS/Thomas White/Illustration/File Photo Purchase Licensing Rights, opens new tabCompaniesSkadden Arps Slate Meagher & Flom LLPIntroductionOctober 17, 2024 - In today's social media-driven world, music has become an important component of digital content, with popular songs often providing a backdrop for engaging videos.
-
Aug 7, 2024 | 
jdsupra.com | M. Oren Epstein |Jordan Feirman |Stuart D. Levi
On July 31, 2024, the United States Copyright Office (Copyright Office) published a report urging Congress to create a federal law protecting individuals against unauthorized artificial intelligence (AI) generated digital replicas, commonly known as “deepfakes” (Report). The Report is the first in a series of reports on the intersection of AI and copyright law that the Copyright Office plans to issue emanating from its August 2023 Notice of Inquiry (NOI).
-
Aug 7, 2024 | 
lexology.com | Stuart D. Levi |M. Oren Epstein |Jordan Feirman |Shannon Morgan
On July 31, 2024, the United States Copyright Office (Copyright Office) published a report urging Congress to create a federal law protecting individuals against unauthorized artificial intelligence (AI) generated digital replicas, commonly known as “deepfakes” (Report). The Report is the first in a series of reports on the intersection of AI and copyright law that the Copyright Office plans to issue emanating from its August 2023 Notice of Inquiry (NOI).
-
May 22, 2024 | 
jdsupra.com | Jordan Feirman |Stuart D. Levi |M. Oren Epstein
The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping” — that is, using automated tools to extract data from a website or online services.
-
May 13, 2024 | 
jdsupra.com | Eliza Edlich |Jordan Feirman |Larry Taylor
On May 9, 2024, in Warner Chappell Music, Inc. v. Nealy, the U.S. Supreme Court ruled 6-3 that a copyright owner is entitled to monetary relief for timely infringement claims — i.e., claims brought within the Copyright Act’s statute of limitations — no matter when the infringement occurred. This could potentially allow some plaintiffs to claim damages stretching back many years into the past.
-
Jan 5, 2024 | 
reuters.com | Anthony Dreyer |Jordan Feirman
January 5, 2023 - In an article earlier this year, we evaluated the recent decision in Pennsylvania State University v. Vintage Brand, LLC, regarding sports merchandising, emphasizing the narrowness of the district court's holding while inquiring as to whether trademark owners should be concerned about potential implications for intellectual property enforcement.
-
Jul 7, 2023 | 
lexology.com | Anthony Dreyer |Shay Dvoretzky |Jordan Feirman |Eliza Edlich |Chad Williams
On June 29, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Abitron Austria GmbH v. Hetronic International Inc. However, the justices were divided 5-4 as to the precise reasoning and what facts courts should consider when determining whether the Lanham Act applies to allegedly infringing conduct with a foreign component.
-
Jun 16, 2023 | 
jdsupra.com | Jordan Feirman |Stuart D. Levi
Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that helped generate them, are marketed using the original artists’ names. To the extent that trademarks subsist in those names, the Supreme Court’s recent decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC could strengthen claims for trademark infringement.
-
Jun 15, 2023 | 
lexblog.com | Stuart D. Levi |Jordan Feirman
Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that helped generate them, are marketed using the original artists’ names. To the extent that trademarks subsist in those names, the Supreme Court’s recent decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC could strengthen claims for trademark infringement.
-
Jun 13, 2023 | 
jdsupra.com | Anthony Dreyer |Shay Dvoretzky |Jordan Feirman
On June 8, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Jack Daniel’s Properties, Inc. v. VIP Products LLC. The Court held that a heightened standard for trademark infringement applied by many courts where trademark uses serve artistic or expressive purposes — the so-called “Rogers test” — does not apply where an alleged infringer uses a trademark as a designation of source for the infringer’s own goods.
