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Mealey's Copyright

September 26, 2025
Judge Affirms Limits On Dataset Discovery In AI Copyright Fight

SAN FRANCISCO — A California federal judge on Sept. 25 denied a motion for relief from a magistrate judge’s order limiting discovery into the datasets used to train artificial intelligence, saying courts regularly impose such limits when the discovery exceeds the allegations in a complaint.
September 26, 2025
Judge: No Summary Judgment On IP Claims In Learning Materials Sharing Case

HARTFORD, Conn. — A Connecticut federal judge held that the owner of an online platform that allows users to share educational resources with each other will face copyright and trademark claims from a private university in the state, but the judge granted the platform owner’s motion for summary judgment as to certain state law claims.
September 26, 2025
Authors Challenge Limits On Shadow Library Discovery In Nvidia AI Copyright Case

SAN FRANCISCO — Responding to a motion by authors arguing that a magistrate judge improperly limited discovery to a single dataset in an artificial intelligence copyright suit, Nvidia Corp. told the court that the order merely limits the plaintiffs to their own allegations and that there was no error sufficient to overturn the nondispositive order.
September 26, 2025
Judge Preliminarily Approves $1.5B Settlement In AI Copyright Case

SAN FRANCISCO — A $1.5 billion settlement between authors and Anthropic PBC in a copyright case took a step toward resolution on Sept. 25 when a federal judge in California granted preliminary approval in a docket-only minute entry. The authors previously told the judge in a supplemental brief that changes to the agreement addressed concerns about its completeness.
September 24, 2025
Magistrate Judge Won’t Order Immediate Damages Update In AI Music Copyright Suit

SAN JOSE, Calif. — A federal magistrate judge in California declined to order music publishers to immediately supplement damages computations under Federal Rule of Civil Procedure 26 in an artificial intelligence copyright suit, noting the novelty and complexity of the issue.
September 24, 2025
Judge Denies Preliminary Injunction In Latest Copyright Case Over Hulk Hogan Tape

TAMPA, Fla. — A federal judge in Florida dissolved a temporary restraining order against a radio personality barring him from publishing portions of a sex tape featuring the late professional wrestler known as Hulk Hogan in a documentary film about the tape; the judge held that the record indicated that the use of the tape in the film is likely a fair use.
September 24, 2025
AI Copyright Authors: Revised Plan Should Relieve Concerns Over $1.5B Settlement

SAN FRANCISCO — Changes to the proposed $1.5 billion artificial intelligence copyright settlement between authors and Anthropic PBC address court concerns through “a state-of-the-art notice plan” and a streamlined claims process that both encourages submissions and adequately handles multi-claimant situations, plaintiffs told a federal judge in California in a supplemental brief.
September 23, 2025
U.S. Moves To Participate In High Court Oral Arguments In ISP Infringement Case

WASHINGTON, D.C. — The U.S. government on Sept. 23 requested leave to participate in oral arguments when the U.S. Supreme Court considers whether the Fourth Circuit U.S. Court of Appeals erred when it found an internet service provider (ISP) was liable for contributory infringement for piracy actions from internet users; the government previously filed an amicus curiae brief in support of the ISP.
September 23, 2025
Petitioner Seeks 11th Circuit Rehearing On Sub Shop Copyright Claims

ATLANTA — The 11th Circuit U.S. Court of Appeals was wrong to affirm a Florida federal judge’s decision to dismiss a pro se plaintiff-appellant’s copyright infringement claims against the commercial entity behind the Firehouse Subs restaurant chain, the appellant tells the court in a petition for panel rehearing and rehearing en banc, arguing that the panel misunderstood the facts when writing its unpublished opinion.
September 23, 2025
Magistrate Judge Won’t Order Production Of NYT’s AI Chat Usage

NEW YORK — A federal magistrate judge in New York denied a motion to compel by OpenAI entities and Microsoft seeking user logs from The New York Times’ internal ChatGPT-based tool, ruling that the logs are irrelevant to the fair use defense and would cost nearly $1 million and three months to review and produce.
September 23, 2025
2nd Circuit Affirms Kimmel’s Copyright Win Over Former New York Rep.

NEW YORK — A Second Circuit U.S. Court of Appeals panel agreed with a New York federal judge that late-night show host Jimmy Kimmel’s use of videos recorded by former Congressman George Santos on his show was a fair use, affirming the judge’s decision to dismiss Santos’ copyright infringement claim against the host and related entities.
September 16, 2025
Judge Rules On Summary Judgment Motions In Copyright Infringement Coverage Suit

WILMINGTON, Del. — A Delaware judge granted in part and denied in part primary and excess insurers’ motions for summary judgment in a coverage dispute arising from copyright infringement claims brought against an insured, finding that the movie studio’s claims against the insured are not indemnifiable but the record company claims against the insured are potentially indemnifiable.
September 15, 2025
Disney’s JMOL Win In Face Capturing Software IP Fight Reversed By 9th Circuit

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel held that a California federal judge erred by granting posttrial judgment as a matter of law in favor of Walt Disney Pictures on a software company’s copyright infringement claim, holding that there was sufficient evidence for a jury to plausibly find that Disney was liable for vicarious infringement of the company’s facial imaging software.
September 15, 2025
AI Exam Company Must Face Copyright Claims, Judge Says

LOS ANGELES — An education exam company’s allegations that it curates test prep materials and that a competitor reproduces that work and uses it for training its artificial intelligence are sufficient to trigger copyright law protections and survive a motion to dismiss, a federal judge in California said.
September 12, 2025
Google AI Copyright Case Proceeds As Court Preps For AI Metadata Discovery Issue

SAN JOSE, Calif. — A federal judge on Sept. 11 dismissed with prejudice claims involving certain Google LLC artificial intelligence models and vicarious liability claims against parent company Alphabet Inc. but otherwise denied a motion to dismiss. Earlier a magistrate judge said she would not take up artificial intelligence copyright plaintiffs’ request to appoint a special master but would hold a hearing on a motion to compel after plaintiffs complained that discovery lacked metadata critical to identifying copyrighted material. Google LLC filed its response to the motion on Sept. 10, saying it had “gone above and beyond” what was required of it.
September 12, 2025
2nd Circuit: Labels Waived Inducement Argument, But Opinion Slightly Amended

NEW YORK — A Second Circuit U.S. Court of Appeals panel partly granted a group of record labels’ petition to reconsider its finding that the labels failed to show that video sharing website Vimeo Inc. had “red flag” knowledge that user-uploaded videos contained copyrighted musical recordings, agreeing to remove a footnote musing on whether the labels had preserved for U.S. Supreme Court review arguments that Vimeo could not be entitled to the safe harbor defined in the Digital Millennium Copyright Act (DMCA).
September 11, 2025
Split Panel Enjoins Interference With Copyright Register’s Job Pending Appeal

WASHINGTON, D.C. — A divided District of Columbia Circuit U.S. Court of Appeals panel on Sept. 10 enjoined various federal government parties from interfering with Shira Perlmutter’s service as the register of copyrights and director of the U.S. Copyright Office pending appeal; Perlmutter appealed a trial court’s denial of her motion for preliminary injunction in a case challenging her purported firing in May by President Donald J. Trump.
September 11, 2025
Designers, Shein Settle Claims Retailer Used AI To Misappropriate Works

LOS ANGELES — A federal judge in California dismissed a case after eight independent designers reported having reached a binding settlement with Shein Distribution Corp. and related entities over claims that the retailer used an artificial intelligence algorithm to identify popular styles and then misappropriated copyrighted works.
September 11, 2025
No Special Master, But Judge Will Hear AI Metadata Discovery Issue

SAN JOSE, Calif. — A federal judge said she would not take up artificial intelligence copyright plaintiffs’ request to appoint a special master but would hold a hearing on a motion to compel after plaintiffs complained that discovery lacked metadata critical to identifying copyrighted material. Google LLC filed its response to the motion on Sept. 10, saying it had “gone above and beyond” what was required of it.
September 11, 2025
8th Circuit: No Errors In Family Name HVAC Trademark Jury Instructions

ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel said it found no error in a Missouri federal judge’s grant of summary judgment on copyright claims or jury instructions on trademark claims in a dispute over the use of a family name between two heating and air conditioning entities after a founding member of the family business started a new company, affirming findings adverse to the plaintiff-appellant entity.
September 10, 2025
Superman, Tweety Bird Owners Sue Midjourney Over AI’s Outputs

LOS ANGELES — Midjourney Inc. knowingly trains its artificial intelligence on copyrighted works and allows users to generate unauthorized reproductions despite having the technological prowess to prevent it, the owners of characters such as Batman, Superman, Bugs Bunny and Tweety Bird allege in a lawsuit filed in California federal court.
September 10, 2025
Judge Questions Completeness Of $1.5B Settlement Between Authors, Anthropic

SAN FRANCISCO — The federal judge overseeing the artificial intelligence copyright class action against Anthropic PBC questioned the completeness of the $1.5 billion settlement, expressing concerns that important questions remained that could not be answered in the timeframe proposed by the parties. The judge postponed preliminary approval of the agreement until the parties could submit clarifying information.
September 08, 2025
Authors, Anthropic Reach $1.5 Billion Settlement Of AI Copyright Class Action

SAN FRANCISCO — Anthropic PBC has agreed to pay no less than $1.5 billion to resolve claims it improperly pirated nearly half a million books while obtaining data for use in training its Claude artificial intelligence, a class of authors says in a Sept. 5 motion for preliminary settlement approval.
September 08, 2025
ISPs, U.S. To High Court: ISP Infringement Liability Ruling Could Stifle Web

WASHINGTON, D.C. — A coalition of trade organizations representing internet service providers (ISPs) tells the U.S. Supreme Court in a Sept. 5 amicus curiae brief that the Fourth Circuit U.S. Court of Appeals’ finding that an ISP was liable for contributory infringement for piracy actions from internet users could “undermine decades of progress in getting Americans everywhere connected to the Internet.”
September 05, 2025
11th Circuit: ‘Shotgun’ Copyright Case Against Sub Shop Rightfully Tossed

ATLANTA — A Florida federal judge’s decision to dismiss a pro se plaintiff-appellant’s copyright infringement claims against the commercial entity behind the Firehouse Subs restaurant chain was affirmed by a panel in the 11th Circuit U.S. Court of Appeals, which found no abuse of discretion in the judge’s finding that the complaint was an impermissible shotgun pleading.