@the_turtle there's a link in my article.
Copyright lawyer, along with trademark, media and entertainment litigation. Visit copyrightlately.com for copyright stuff.
@the_turtle there's a link in my article.
The day before Register of Copyrights Shira Perlmutter was fired, the Copyright Office quickly and quietly dropped a major report on AI and fair use. I break down the timing, the fallout, and my 5 biggest takeaways—up now on Copyright Lately
With tariffs, trade wars, and treaty tensions dominating the headlines, it’s only fitting that an international copyright flare-up has landed in the Fifth Circuit Court of Appeals. Check out my “amicus blog” on why the court needs to reverse Vetter v. Resnik.
https://copyrightlately.com/fifth-circuit-amicus-blog-vetter-v-resnik/
NEW: A high-stakes copyright battle over To Kill a Mockingbird is quietly unfolding in the 2nd and 7th Circuits, testing the limits of the important but rarely litigated “derivative works exception” to copyright termination. Up now on Copyright Lately: 🔗 https://copyrightlately.com/to-kill-a-termination-right-mockingbird-battle-heats-up/
I was busy switching firms. The courts were busy issuing copyright rulings. Here's everything I missed over the past 3 weeks—Rule 11 sanctions, AI lawsuits, disco flashbacks, and more—all tidied up in one place before I sweep them behind the couch.
https://copyrightlately.com/whats-up-spring-cleaning-edition/
An LA jury needed less than 3 hours to clear Disney’s Buena Vista unit of copyright infringement—so why did it take 5 years and millions in legal fees to get there? With another no-access verdict in the books, it’s time for a more efficient approach. https://copyrightlately.com/moana-verdict-delivers-another-no-access-reality-check-for-courts/
After five years of litigation, a jury in LA will decide whether Disney’s 'Moana' infringed an unproduced project called 'Bucky the Surfer Boy.' Here’s what to expect as another #copyright trial begins—and why it’s happening at all. Up now on Copyright Lately:
https://copyrightlately.com/disneys-moana-is-on-trial-but-should-it-be/
Judge Bibas reverses course in the first #copyright case on AI training and fair use. What happened—and what does it mean for gen AI, copyright, and the legal battles ahead? Some thoughts on Thomson Reuters v. Ross Intelligence, up now on Copyright Lately.
https://copyrightlately.com/ai-training-fair-use-copyright-westlaw/
The worst copyright decision of 2024 just took an early lead for the worst copyright decision of 2025.
https://copyrightlately.com/vetter-v-resnik-second-shot-same-mistake/
Rightsholders for Hergé asserted this weekend that Tintin’s earliest works haven’t entered the U.S. public domain—despite law that says otherwise. They join a growing list of estates making dubious claims to retain expired copyrights. Full story, up now on Copyright Lately.
https://copyrightlately.com/public-domain-copyright-threats/
A jury sided with Apple, M. Night Shyamalan, and others in the "Servant" copyright trial, finding they lacked access to Francesca Gregorini’s indie film "The Truth About Emanuel." No access = no copying = no infringement. Full story on Copyright Lately!
https://copyrightlately.com/jury-clears-apple-shyamalan-no-access-no-infringement/
On the same day last week, two Southern District of New York judges issued copyright rulings with sharply different results, fueling one big embedding debate. What does it mean for content creators and publishers? Full story up now on Copyright Lately:
A high-stakes trial begins today over M. Night Shyamalan's "Servant," as Francesca Gregorini claims the Apple TV+ series infringes the #copyright in her 2013 film. Rarely do these cases reach a jury, making this one to watch. Full story on Copyright Lately:
https://copyrightlately.com/gregorini-apple-copyright-trial/
The 5 Worst Copyright Decisions of 2024: Time to reveal my picks for the most baffling, ill-considered, and wrongly decided #copyright rulings of the year.
https://copyrightlately.com/the-5-worst-copyright-decisions-of-2024/
Battle of the Beige: As two influencers duke it out in court over allegations of copying a minimalist aesthetic on social media, broader questions emerge about creativity, commerce, and copyright. My take, up now on Copyright Lately!
https://copyrightlately.com/social-media-cant-copyright-a-vibe/
I was recently reminded that there are attorneys younger than myself who have never had the joy of reading this particular opinion, which is instructive about the practical dynamics of litigation
Enjoy
Copyright Unwrapped: It’s the most wonderful time of the year for public domain fans. Check out my deep dive into the new (old) works entering the U.S. public domain on January 1, 2025—up now on Copyright Lately!
Thanksgiving is about more than just stuffing yourself with simple carbs and passing out on the couch in the middle of the afternoon. It’s also about being thankful you didn’t end up in court over turkey reheating instructions.
https://copyrightlately.com/a-five-course-feast-of-thanksgiving-themed-copyright-cases/
NEW: My deep dive into Miley Cyrus's surprising new motion to dismiss the "Flowers" copyright infringement lawsuit, and a look at the controversial precedent that creates hurdles for enforcing co-owned copyrights. Up now on Copyright Lately!
https://copyrightlately.com/flowers-copyright-case-motion-dismiss/
Making a lousy film with a recycled plot is bad enough. Filing a lawsuit claiming that your recycled plot is original—and then accusing someone else of ripping 𝘺𝘰𝘶 off—is truly next level. Full story, up now on Copyright Lately!
https://copyrightlately.com/eden-vs-yellowjackets-copyright-lawsuit/