A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That crossed the line.Continue Reading The Briefing: Anthropic, Copyright, and the Fair Use Divide
Copyright Law
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
By Scott Hervey & Tara Sattler on
Posted in Copyright Law, The Briefing
The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD Design’s rejected petition, and how this uncertainty affects creators, businesses, and copyright holders across the country.Continue Reading The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
The Briefing: When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
By Scott Hervey & Tara Sattler on
Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara Sattler break down the legal firestorm and what every brand needs to know before hitting “post.”Continue Reading The Briefing: When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
The Briefing: No CTRL-ALT-DEL For the Server Test
By Scott Hervey & James Kachmar on
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for embedding online content. With courts on opposite coasts taking different stances, what does this mean for publishers, bloggers, and social media managers? They talk about the risks, what you can do to stay safe, and why your location might matter more than you think.Continue Reading The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
By Scott Hervey & Tara Sattler on
Posted in Copyright Law, The Briefing
A petition is calling for the Supreme Court to decide on the validity of the “discovery rule,” which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. …