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November 14, 2024 | New York Law Journal

Ed Sheeran Meets Led Zeppelin in the Second Circuit

This article discusses two hit songs, one written by Ed Sheeran, and the other by Led Zeppelin, and their court battle to determine if a line/bass in Sheeran's song had copied one in Ld Zeppelin's.
7 minute read
October 10, 2024 | New York Law Journal

Court Enjoins Use of Song at Campaign Events in 'Hayes v. Trump'

This column explores the legal standing of a songwriter who objects to the use of his music in a political campaign.
10 minute read
October 01, 2024 | New York Law Journal

'Thaler v. Perlmutter': AI Output Is Not Copyrightable

"The courts have also recognized that 'human creativity is the sine qua non at the core of copyrightability, even as that human creativity is channeled through new tools or into new media,'" write Robert W. Clarida and Thomas Kjellberg.
7 minute read
July 18, 2024 | New York Law Journal

Reasonable Diligence Under the Discovery Rule

Until the court squarely holds otherwise, plaintiffs seeking the benefit of the discovery rule will bear the burden of showing that no reasonable copyright owner, similarly situated, should have discovered the infringement before plaintiff did in fact discover it.
7 minute read
June 25, 2024 | New York Law Journal

Record Labels: Generative AI Has Wrought 'Infringement on an Almost Unimaginable Scale'

The lawsuits are believed to be the first in which music companies have sued AI companies for actual songs, as opposed to written lyrics.
3 minute read
Law Journal Press | Digital Book America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition Authors: Mary Anthony Merchant View this Book

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June 25, 2024 | National Law Journal

Record Labels: AI Has Wrought Copyright 'Infringement on an Almost Unimaginable Scale'

The lawsuits are believed to be the first in which music companies have sued AI companies for actual songs as opposed to written lyrics.
3 minute read
May 16, 2024 | New York Law Journal

Supreme Court Resolves Split Regarding Copyright Damages

The Supreme Court recently resolved a question regarding copyright actions that has generated conflicting results in the Courts of Appeal for years, but as a forceful dissent pointed out, it left open a more fundamental issue that could render the entire question moot.
10 minute read
March 14, 2024 | New York Law Journal

'Philpot v. Independent Journal Review'

In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
11 minute read
January 19, 2024 | New York Law Journal

Phone Home: Inflatable Alien Costume Held Copyrightable

To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.
6 minute read
December 05, 2023 | New York Law Journal

'Kerson v. Vermont Law School'

In 1993, Kerson and the Vermont Law School entered into an agreement for Kerson to paint two murals on the walls of the upper level of the Chase Community Center. During the summer of 2020, the law school's president received a petition demanding the removal of the murals. Kerson sued the law school, seeking a preliminary injunction enjoining it from placing panels over the murals, invoking his rights under VARA.
10 minute read

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