In the realm of copyright law, determining the scope of damages and the applicability of the statute of limitations remains a contentious issue. The Supreme Court case of Nealy v. Warner Chappell Music (argued before the Court in February of this year) promises to shed light on this matter, grappling with the question of how far back a plaintiff can seek damages in a copyright infringement case. This pivotal legal battle has significant implications for copyright holders, defendants, and the broader creative industry landscape.

Continue Reading Unraveling the Statute of Limitations in Copyright Infringement Cases

Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court’s ruling on whether displaying historical footage amounts to defamation on this episode of ‘The Briefing’.

Continue Reading The Briefing: Truth Maybe Crazy, But Truth Just Got Kanye West Out of a Defamation Case

Can AI inventions be patented?  Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing.

Continue Reading The Briefing: The Patent Puzzle: USPTO’s Guidelines for AI Inventions

OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT.  In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.

Continue Reading Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

How far back can a plaintiff recover damages in a copyright infringement case?  Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of “The Briefing” by Weintraub Tobin.

Continue Reading The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages