United States: Copyright

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Patents Or Trade Secrets? What Boards And CEOs Should Know In The Age Of AI
Generative AI is transforming intellectual property protection strategies, forcing companies to reconsider the traditional preference for patents. As AI-assisted innovations raise new questions about patentability and inventorship, while technologies evolve at unprecedented speed, trade secrets are emerging as an increasingly viable alternative for protecting competitive advantages in software code, datasets, and proprietary workflows.
United States IP
GP
Goodwin Procter LLP
Article
One Image Can Create A Copyright Problem: What Businesses Should Know Before Using Photos In Marketing
A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.
United States IP
K
Klemchuk
Article
Fair Use Or Fair Game? Navigating Copyright In Influencer Culture
As digital influencers increasingly incorporate copyrighted music, video clips, and images into their content, the legal boundaries of fair use have become critically important. This analysis examines the four-factor fair use test and reveals common misconceptions that put content creators at risk of copyright infringement. Understanding these legal principles is essential for influencers who monetize their content through ads, sponsorships, and affiliate links.
United States IP
LD
Lerner David
Article
Copyrightability And Infringement: A Look At Responses To Artificial Intelligence
Generative AI is reshaping the entertainment industry, raising critical questions about copyright ownership of AI-generated works, the legality of training models on copyrighted materials, and whether existing laws adequately protect artists. This analysis examines landmark cases like Thaler v. Perlmutter, explores the fair use debate surrounding AI training datasets, and reviews emerging state and federal legislation designed to safeguard creative rights in an AI-driven landscape.
United States IP
HK
Holland & Knight
Article
The Ninth Circuit Affirms Dismissal Of DMCA CMI Removal Claim Against AI Code Generator – Output Is A New Work Not A Copy Of Training Data
There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.
United States IP
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Is This Real? Navigating AI Impersonation Under New And Existing Laws
Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United States IP
WR
Wiley Rein
Article
The Fifth Circuit Reframes The Copyright "Server Test" With A "Transmit Requirement"
The Fifth Circuit has rejected the Ninth Circuit's long-standing "server test" for copyright infringement, fundamentally reshaping how courts evaluate whether embedding or in-line linking to content constitutes unlawful display. In a certified question from Mississippi, the panel established a new two-part framework focusing on transmission origin and permission, potentially exposing website operators to liability even when content remains on the original owner's server.
United States IP
JW
Jones Walker
Article
Court Upholds MillerKnoll Ownership Of Iconic Bubble Lamp Design
The Sixth Circuit's decision in Nelson v. MillerKnoll examines whether a furniture company's ownership claims to the iconic Bubble Lamp design were authorized under a 2006 royalty agreement, and whether the designer's heirs ratified that arrangement by continuing to accept payments. The case hinges on interpreting contract language distinguishing between licensing rights and outright ownership of intellectual property.
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
The Creator Economy Meets Estate Planning: Protecting And Transferring Digital Businesses
As the creator economy continues to expand, individuals who derive income from digital platforms face a critical estate planning question. For those who already have an estate plan, that plan may not adequately address the unique challenges of managing, valuing and transferring digital businesses, leaving these increasingly valuable assets vulnerable to confusion, lost revenue and family conflict.
United States Wealth Mgt
WD
Wiggin & Dana
Article
What Are The Boundaries Of Brand Protection? Fender Is Currently Learning This
Fender's aggressive trademark enforcement campaign against guitar builders and retailers has ignited a fierce debate over intellectual property rights, fair use, and brand protection. Armed with a European court victory, the guitar giant is demanding cease-and-desist compliance worldwide, but faces significant legal hurdles in the U.S. where its iconic body shapes were deemed generic.
United States IP
MG
Marks Gray
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