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11, 2025) examined three essential questions, 1) were the Westlaw headnotes and key number system taxonomy protected by copyright, 2) did Rosss copying of the headnotes to create legal memos used to train Rosss AI system infringe copyright, subject to the defense of fairuse, and 3) was Ross copying fairuse.…
2025 WL 89191 (S.D.N.Y. 14, 2025) This cases involves two videos, one involving Michael Jordan that someone posted to Twitter (seemingly without permission?), Mediaite LLC, 2025 WL 89226 (S.D.N.Y. The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss.
Meta admitted the use of these unofficial sources early on. At the same time, however, the company denied the copyright infringement allegations, noting that it would rely on a fairuse defense, at least in part. Meta could argue that the use of the pirated books as AI training data qualifies as fairuse.
Ross Intelligenceon February 11, 2025, providing clarity on an often-asked question: is the utilization of copyrighted subject matter covered by the fairuse doctrine as an affirmative defense? District Court for the District of Delaware delivered a watershed ruling inThomson Reuters v. By: Kohrman Jackson & Krantz LLP
On February 11, 2025, the U.S. District Court for the District of Delaware became the first to rule on whether the use of copyrighted materials to train an AI system qualifies as copyright infringement. the court granted summary judgment on the plaintiffs infringement claim, and denied the defendants fair-use defense.
Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fairuse doctrine. 11, 2025)marks the first time a court has rejected a fairuse defense in this context. The decisionThomson Reuters Enterprise Centre GmbH v.
Analysing the impact of Indian copyright law on fairuse in academic and critical writing. Evaluating the doctrine of fairuse for Indian social media platforms in light of global cases. The challenges of protecting literary works in the digital age.
Tackling Deep Fakes: FairUse or Infringement of Personality Rights (Mondaq, 7 November 2023) <[link] accessed 17 January 2025. Delhi HC Orders Removal of Deepfake Videos Featuring Medanta Hospital and Its Chairman, Citing Deceptive Intent (ANI News, 9 January 2025) <[link] accessed 17 January 2025.
Katfriend Paul England (Taylor Wessing) discussed the current state of Supplementary Protection Certificates (SPCs) in the UK, questioning whether the system needs reform, by reviewing the recent English Court of Appeal decision in Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Mark s [2025] EWCA Civ 45 (28 January 2025).
FairUse Declawed. This overly restrictive interpretation of the Supreme Courts 2023 Warhol decision sent shockwaves through the filmmaking community, which often relies on fairuse to incorporate brief historical footage into their works for entirely new and different purposes. For that reason, Prepared Food Photos v.
On February 11, 2025, the U.S. holding that the use of copyrighted works to train AI models does not fall under the fairuse exception. District Court for the District of Delaware granted Summary Judgment in favor of Thomson Reuters in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. By: Benesch
Is training of GenAI models fairuse? The matter is listed before the Joint Registrar on March 19, 2025 for completion of pleadings. on 22 January, 2025 (Delhi High Court) The case involved a contempt petition by ITC against the Defendants disobedience of the interim injunction order. 1 and respondent no.2,
On February 11, 2025, Judge Bibas of the Third Circuit, sitting by designation in the US District Court for the District of Delaware, issued a decision granting partial summary judgment to Thomson Reuters in the closely watched case of Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.
Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI. The highly anticipated Part 3, which is forthcoming, will address copyright infringement and fairuse issues involving generative AI.).
Several copyright cases involving artificial intelligence are teed up for major rulings in 2025, with attorneys anxiously awaiting what courts have to say about fairuse, and at the Ninth Circuit, a photographer will argue for the reversal of a jury finding that a tattoo artist didn't infringe his photo of Miles Davis.
Earlier this week, various rightsholder groups submitted their recommendations for the 2025 Special 301 Report. The problem, however, is that copyright holders never gave permission to use it. This annual overview, compiled by the U.S. Trade Representative, highlights countries that fail to live up to U.S.
March 18, 2025) This case involved the completely AI-generated work, “A Recent Entrance to Paradise”: The copyright applicant, Thaler, disclaimed any human involvement in the work’s creation. Anthropic PBC 1) Opinion denying a preliminary injunction , 2025 WL 904333 (N.D. Perlmutter , No. 23-5233 (D.C.
On February 11, 2025, Judge Stephanos Bibas issued an opinion in Thomson Reuters Enterprise Centre GMBH v. 1:20-cv-613, a dispute regarding copyright infringement allegations stemming from the use of copyrighted data from the Westlaw legal database used in the training of an AI search tool. Ross Intelligence Inc.,
Townsquare Media : Sublicensing, FairUse, and De Minimis Use In Richardson v. The court addressed other uses as well, including a video of Michael Jordan intervening in a fight. Mediaite, LLC illustrate the fragmented and unpredictable state of embedding law in 2025. Richardson v. Townsquare Media, Inc.
Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Although the court misunderstood descriptive fairuse to be limited to personal names, that didnt matter. Windmar PV Energy, Inc. 24-1570 (RAM) (D.P.R.
Call for Applications: SpicyIP Tech Innovation Policy Fellowship 2025 (Apply by February 23) Attention IP and tech enthusiasts! We are very excited to announce the SpicyIP Tech Innovation Policy Fellowship 2025! vs Mr. Sandeep Khandelwal And Anr on 3 February, 2025 (Delhi High Court) Image from here. The deadline is February 23.
The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fairuse. But, first, Some History!
Akshat Agrawal and Sneha Jain argue that the Court has made a flawed originality analysis, misapplied infringement standard, and inadequately considered merger and fairuse defences. on 14 February, 2025, (Delhi HC) Manash Lifestyle Pvt. on 17 February, 2025 (Delhi HC) Image from here. Read the post for more.
Akshat Agrawal and Sneha Jain argue that the Court has made a flawed originality analysis, misapplied infringement standard, and inadequately considered merger and fairuse defences. on 14 February, 2025, (Delhi HC) Manash Lifestyle Pvt. on 17 February, 2025 (Delhi HC) Image from here. Read the post for more.
In September 2023, Judge Stephanos Bibassitting by designation in the District of Delawaredenied plaintiff Thomson Reuters motion for summary judgment on the issue of fairuse in a Generative AI (GenAI) copyright lawsuit. By: Husch Blackwell LLP
Career and Technical Education,Commercial Educational Materials,Medicine Joshua Potter February 24, 12:06 PM February 24, 12:06 PM In January of 2025, The Center for Phlebotomy Education Inc. A claim of fairuse for educational purposes might be weak in the shadow of Goldsmith v. Stealing in Vein?
Also curious: the court doesn’t discuss a fairuse defense at all. 2025 WL 485493 (D. 12, 2025) Want more about the Internet law of horses? Statutory Damages The plaintiff asked for $75k in statutory damages. The defendant argued for only $400 in statutory damages (“equal to two innocent infringements”).
In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fairuse doctrine, and the future of ebooks in this guest post.
The gaming sector faced such an outbreak in recent years as AI tools, which were trained on fan-created content, sparked the consent and fairuse debate. Meta Secretly Trained Its AI on a Notorious Piracy Database , 2025. Meta Secretly Trained Its AI on a Notorious Piracy Database, Newly Unredacted Court Docs Reveal , 2025.
Next Level Apps Technology FZCO , 2025 WL 551866 (N.D. Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as FairUse (and Another 512(f) Claim Fails)Hughes v. New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Weiner * FairUse Its the Law (for what its worth)Lenz v.
Do robust defences such as freedom of speech, right to livelihood, public interest, and fairuse offer absolute protection against infringements? on 8 January, 2025 (Delhi HC) The rectification petition was filed seeking removal of trade mark registered in the name of respondent no. 5,00,000 against the defendant.
The First prize goes to Pravertna Sulakshya , from Rajiv Gandhi National University of Law, Punjab (Batch of 2025) for their essay titled, “ An IPR-Kajal for Dupes’ Evil Eye? To back this, the essay highlights various shortcomings and inconsistencies in the US and Indian context in the free-speech / copyright interplay.
11, 2025). In 2023, Judge Bibas largely denied Thomson Reuters' motions for summary judgment on copyright infringement and fairuse. The new opinion granted Thomson Reuters summary judgment on direct copyright infringement for 2,243 specific headnotes (detailed in a sealed appendix), including a finding of no fairuse.
WIPIP 2025 will be hosted by the UNLV Law School in Las Vegas. * * * As usual, Prof. We had so much fun together, but it also will be associated with Dan’s death and our community’s loss. My memoriam for Dan.
In its second paragraph the statement makes strong allusions to copyright law – the term ‘copyright’ is used only once throughout the entire text. En route to a planned roll-out in 2025 the company will collaborate with relevant stakeholders. OpenAI adds that new features will be added in the future.
Harris claims that, in taking these actions, the University has not protected students' copyrights and fairuse rights. The University has yet to answer the 2025 Complaint. Did Mizzou Mizz-step? She is seeking $10 million for career loss and another $10 million for rights violations and demoralization.
Welcome to the rollercoaster world of YouTube and copyright, where creativity collides with boundaries, and fairuse lines get blurred faster than a TikTok trend. 4] FAIRUSE: THE GREY AREA Alright, let’s talk about fairuse. That’s often fair game. But the catch is fairuse is subjective.
Just two months in, 2025 is already delivering significant developments in AI and technology law. We start by outlining the key facts and legal framework the court considered before turning to the central issue of the ruling: fairuse. Ross, a closely watched case with important implications for AI and data usage.
Shein Technology LLC , 2025 WL 445187 (D.C.D.C. 9, 2025) Prior Posts on Section 512(f) * Copyright Battles Over City Council Videos * Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim AnywayWhite v. New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Case Citation : Whaleco Inc.
In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fairuse boundaries, high defense costs, and effectiveness of takedown notices. Levy argued that Kilgore didn’t consider fairuse before sending the takedown notices.
Regardless, with respect to the other works, the use by OpenAI would seem like a direct infringement of the copyright of labels under Section 14. OpenAI has defended their usage of these sound recordings by invoking the principle of fairuse. Further, OpenAIs contention about jurisdiction continues to exist.
Photo by Etienne Girardet on Unsplash On 14 January 2025, the Court of Justice of the European Union (CJEU) heard oral arguments in the much-anticipated case C-590/23 Pelham II , where the German Federal Court submitted a request for preliminary ruling on the interpretation of pastiche. 3d 1257 (11th Cir. 3d 1257 (11th Cir.
Instead, in the Getty case (which seems more advanced than the Mumsnet one and looks likely to go to trial in summer 2025), Stability AIs defence appears to be based on the UKs existing fair dealing exception (in particular, pastiche) and claims that no infringement took place as the AI development occurred outside of the UK.
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