February 2024

GenAI and copyright: Court dismisses almost all claims against OpenAI in authors’ suit

Plaintiff authors sued large language model provider OpenAI and related entities for copyright infringement, alleging that plaintiffs’ books were used to train ChatGPT. Plaintiffs asserted six causes of action against various OpenAI entities: (1) direct copyright infringement, (2) vicarious infringement, (3) violation of Section 1202(b) of the Digital Millennium Copyright Act (“DMCA”), (4) unfair competition [...]

By Evan Brown|2024-03-14T21:25:44-05:00February 14th, 2024|Artificial Intelligence, Copyright, Infringement|Comments Off

DMCA subpoena to “mere conduit” ISP was improper

Because ISP acted as a conduit for the transmission of material that allegedly infringed copyright, it fell under the DMCA safe harbor in 17 U.S.C. § 512(a), and therefore § 512(h) did not authorize the subpoena issued in the case. Some copyright owners needed to find out who was anonymously infringing their works, so they [...]

By Evan Brown|2024-03-04T10:18:27-06:00February 12th, 2024|Copyright, DMCA, Litigation|Comments Off

Six Neal & McDevitt attorneys named to the 2024 WTR 1000

Neal & McDevitt is honored to have again been named to the annual World Trademark Review 1000 along with six of the firm's attorneys. We are grateful to be recognized alongside other esteemed professionals around the globe, reinforcing our shared commitment to the highest standards of practice in trademark law. Congratulations to Kevin McDevitt, Christina [...]

By Evan Brown|2024-02-09T16:00:54-06:00February 9th, 2024|About Our Firm|Comments Off

Fourth Circuit reverses lower court’s decision in online copyright infringement case

Plaintiff photographer sued defendant news website for copyright infringement over a photo of Ted Nugent that defendant used in an online article. The lower court granted summary judgment for defendant, finding that its use of the photo was fair use. Plaintiff sought review with the Fourth Circuit. On review, the court reversed, applying the factors set out [...]

By Evan Brown|2024-02-09T14:46:36-06:00February 7th, 2024|Copyright|Comments Off

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