Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner OpenAI. The judge is giving OpenAI until July 24 to respond to the plaintiffs’ argument that the material should be shielded
The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S. non-profit corporation in Canada shows that Canadian courts will guard against consumer confusion and enforce trademark rights even when
We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard oral arguments on May 8, 2024 in this case involving image-generating AI software, a
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year statute of limitations. The ruling addresses a longstanding circuit split over whether monetary relief is available even where infringement occurred more than three
In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). The proposed law addresses concerns over lack of transparency in the data sets used to train generative AI models by requiring
Seyfarth partners Lauren Leipold and Owen Wolfe sit down with Stephen Mar, Chief Legal Officer of Odeko, to discuss the current and potential future impact of AI on the legal profession.
A whole host of creators have filed suit in the U.S. alleging that AI companies improperly used the creators’ content to train AI programs (if you need to catch up on these lawsuits, we recommend our video blog here). In most cases, the creators don’t know for sure whether the AI companies copied their
Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee legislature and signed into law the Ensuring Likeness, Voice, and Image Security (“ELVIS”) Act of 2024, HB 2091/SB 2096
Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI.
Orders issued in the Andersen case (and other, similar cases) to date suggest that the success of the plaintiffs’ claims hinges on being able
On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more than three years prior to filing suit. The Eleventh Circuit’s decision was based on the discovery accrual rule, which begins the limitations period at the moment a plaintiff becomes aware of or should reasonably learn of the infringement upon which a claim is based.
Sherman Nealy and Music Specialist, Inc. brought the underlying lawsuit against Warner and others based upon the alleged unauthorized licensing and use of songs owned by the plaintiffs. Much of alleged infringement occurred while Nealy was incarcerated, and he alleged that he did not become aware of the infringement until 2016. Nealy filed suit in 2018, within three years of the date he allegedly discovered the infringement. The district court held that Nealy’s claims were timely, but that he could only obtain damages for the three years prior to the filing of his lawsuit. The Eleventh Circuit overturned the finding that such a limit on damages existed, holding that Nealy could potentially recover damages outside the three-year period.
Continue Reading Skeptical of the Second Circuit: U.S. Supreme Court Hears Arguments on Copyright Damages