Insights on Copyright

ArentFox Schiff LLP is proud to announce that the firm’s Trademark practice and 10 attorneys have been ranked in 2025 WTR 1000 – the World’s Leading Trademark Professionals, the definitive guide for intellectual property (IP) practitioners.

The US Copyright Office recently released Part 2 of its Copyright and Artificial Intelligence Report, addressing the copyrightability of outputs generated from artificial intelligence (AI) systems. This report is the second in the Copyright Office’s three-part series exploring the convergence of copyright and AI.

As several dozen copyright infringement cases against artificial intelligence (AI) developers continue to proceed through the federal courts, a recent ruling in the District of Delaware suggests that the fair-use defense against claims of copyright infringement may offer less protection than some AI developers expect.

In its ruling in the case Cyril E. Vetter, Et Al. v. Robert Resnik, No. 23-1369-SDD-EWD (M.D. La. Jan. 29, 2025), the US District Court for the Middle District of Louisiana ruled that the US songwriter-plaintiff Vetter recaptured worldwide rights — not just US rights — by exercising his termination rights under Section 304 of the Copyright Act of 1976 (US Copyright Law).

Trademark & Copyright Partner Danielle Bulger will participate in a panel presentation on fashion law at the American University Law Review Spring Symposium in Washington, DC, on February 7, 2025.

ArentFox Schiff is pleased to announce the election of 15 new partners, effective January 1, 2025.

OpenAI finds itself embroiled in another major copyright infringement lawsuit — this time in Canada. Similar to cases filed by major news organizations in the United States, a group of Canada’s biggest news and media companies has filed a lawsuit alleging that OpenAI is illegally using the publishers’ copyrighted material to train its GPT large language models (LLMs). Plaintiffs in the case include the Canadian Broadcasting Corporation and parent companies representing the Toronto Star, the Globe & Mail, and dozens of national, provincial, and local newspapers.

Across the fashion and retail markets, artificial intelligence (AI) is revolutionizing design, marketing, and customer engagement. The legal implications surrounding intellectual property (IP) issues and the unchartered regulatory landscape puts companies at a crossroads.

ArentFox Schiff has been nationally recognized with 35 top rankings in the 2025 edition of Best Law Firms®, which honors firms for professional excellence based on consistently positive ratings from clients and peers.

Danielle Bulger will present on the panel titled, “The Paper Trail: Attribution, AI, and Copyright.”

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

ArentFox Schiff is pleased to announce that Managing IP has listed 14 of our attorneys as 2024 IP Stars, recognizing them as senior practitioners who have been recommended or identified as leaders in their firm and/or jurisdiction.

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies.

ArentFox Schiff is pleased to announce that 20 practices and 20 attorneys have been ranked by The Legal 500 United States 2024 guide, including two Tier 1 rankings in Intellectual Property – Patents: Prosecution and Finance – Restructuring: Municipal.

ArentFox Schiff is pleased to announce the addition of 17 attorneys and specialists, including eight partners and three counsel, to its Boston office, expanding the firm’s nationally recognized Technology, Life Sciences, Intellectual Property, and Complex Litigation services.

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked among the best in the country in the 2024 edition of Chambers USA: America’s Leading Lawyers for Business.

The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade.

For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the extent to which damages are recoverable.

Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in long-anticipated litigation to challenge the FTC’s attempted rulemaking.

The US Circuit Court of Appeals for the Tenth Circuit overturned a federal district court’s determination that Netflix made fair use of the plaintiff’s video in the 2020 Netflix show “Tiger King.”

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.

Consumer Products Industry Group Co-Leader and New York Fashion Lawyer Michelle Mancino Marsh was quoted by BuzzFeed discussing the prevalence of design theft in the fashion industry, the importance of proactive legal measures for design protection, and the value of anti-counterfeiting programs in educating public and law enforcement about identifying knockoffs.

Danielle Bulger will speak at the ASU Law McCarthy Institute and UCLA Institute for Technology, Law & Policy Second Annual Copyright Symposium on March 8, 2024.

ArentFox Schiff is pleased to announce that International Practice Co-Leader Hunter T. Carter and Partner Cristina A. Carvalho have been named to Latinvex’s 2024 Top 100 Lawyers list, an annual ranking of leading attorneys from international law firms that serve as go-to advisors for Latin American companies.

ArentFox Schiff is pleased to announce that five practice areas and 11 attorneys were recognized by Chambers Global 2024.