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
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
Lawsuit Over Medical Billing Codes Could Reshape Health Care Price Transparency
A public advocate group has filed a federal lawsuit challenging the American Medical Association's copyrights over CPT medical billing codes, arguing these government-mandated codes should be freely accessible to the public. The case raises fundamental questions about whether standardized medical billing codes incorporated into federal law can remain proprietary, with significant implications for healthcare transparency and fraud detection.
United States IP
MS
Miller Shah
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
UMG v. DistroKid: When AI Becomes A Consumer Protection Issue
Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United States IP
FK
Frankfurt Kurnit Klein & Selz
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
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
Article
AI, Intellectual Property, And A Transatlantic Giant
Managing Partner Brett Johnson of Winston Taylor's Dallas office shares insights on artificial intelligence's impact on intellectual property law, the evolution of the legal industry, and the strategic advantages of the firm's transatlantic platform. The conversation explores innovation in legal practice, the new Texas Business Court, and how combining local expertise with global capabilities creates value for clients.
United States IP
WT
Winston Taylor
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