ZachMarino

On May 9, 2025, the US Copyright Office released a “pre-publication version” of Part 3 of its report on Copyright and Artificial Intelligence (the Report).[1]This much-anticipated Report focuses on use of copyrighted works in the development of generative AI systems, and particularly (1) AI training-related activities that implicate copyrights, (2) the circumstances in which AI training may or may not qualify as fair use, and (3) licensing of copyrighted works for AI training. This is the culmin

On February 11, 2025, Judge Bibas of the Third Circuit, sitting by designation in the US District Court for the District of Delaware, issued a decision granting partial summary judgment to Thomson Reuters in the closely watched case of Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. Judge Bibas revisited his 2023 decision largely denying summary judgment in the case due to disputed facts,[1]and the new decision is the first time a U.S. court has reached a conclusion concerning t

On January 29, 2025, the US Copyright Office issued a long-awaited report on the copyrightability of works consisting of or incorporating material generated by artificial intelligence (AI) systems.[1]The report is broadly consistent with copyright registration guidance the Office provided in 2023,[2]but recognizes that AI is increasingly being used in the creation of works in a wide variety of ways that require nuanced and fact-specific analysis to determine the scope of copyright protection.[3]

The Supreme Court’s recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of respondent Lynn Goldsmith, holding that the licensing to a magazine of an Andy Warhol print depicting the recording artist Prince did not constitute fair use of Goldsmith’s photograph on which the print was based. The Court’s analysis was limited to the first of the four stat

On March 21, the United States Supreme Court heard oral arguments in Abitron Austria GmbH v. Hetronic International, Inc. over whether the infringement provisions of the United States Trademark Act impose liability for damages and injunctive relief where the defendant’s use of a mark takes place in part outside the United States but tarnishes the goodwill of a US mark owner, causing it to lose sales, and poses a likelihood of confusing consumers in and outside of the United States. (Jenner & Blo