Jake Wunsch
While acknowledging that “it is possible that a ‘layperson’ could listen to portions of Plaintiffs’ and Defendants’ songs and hear similarities,” Judge Katherine Polk Failla concluded that “there can be no substantial similarity (and thus no copyright violation) as a matter of law, because ‘the similarity between the works concerns only non-copyrightable elements of the plaintiffs’ work.’”
Dua Lipa Wins Summary Judgement in Levitating Copyright Infringement Case
While acknowledging that “it is possible that a ‘layperson’ could listen to portions of Plaintiffs’ and Defendants’ songs and hear similarities,” Judge Katherine Polk Failla concluded that “there can be no substantial similarity (and thus no copyright violation) as a matter of law, because ‘the similarity between the works concerns only non-copyrightable elements of the…
Judge Grants Summary Judgment Against Fair Use Defense in AI Context
It is still early to predict what impact this case will have on the pending infringement cases against OpenAI and other generative AI companies. But Judge Bibas’s recognition of a “AI training data market” will certainly be cited by plaintiffs in those cases.
Producer of Cosby Show Defeats Claims Brought Under the Adult Survivors Act
The trial court ruled that Ms. Pinkerton’s claim was not revived by New York’s ASA because the alleged assault occurred outside of New York State and Ms. Pinkerton was not a New York resident at the time.
The Illinois Anti-SLAPP Statute: An Autopsy and Hope for the Future
The Illinois Supreme Court’s nullifying interpretations of the CPA have exposed Illinois journalists and news outlets to intimidating SLAPP litigation and have done a disservice to its citizens. It is long past time for a new beginning.
Texas Court Dismisses Former Nigerian Ambassador’s Defamation Claim Against News Website
The Court dismissed the entire action without prejudice, finding it was not within its power to consider the Defendants' other alleged bases for dismissal once it found that it lacked jurisdiction.
Connecticut Supreme Court Holds Calling Someone a “White Supremacist” Is Not Defamatory
In an ever-increasingly polarized climate, Murphy offers some guidance as to when inflammatory language may be legally actionable.
Novel First Amendment Case Alleges PETA’s Right to Receive Communications from Monkeys in Federal Lab
Government-funded laboratories confine and experiment on millions of animals each year, including highly intelligent primates. A federal court could soon decide whether Americans have the right to receive their communications, in response to an animal advocacy group’s groundbreaking lawsuit.
Wisconsin Court Dismisses Suit Against News Organizations Over Political Ad
The decision delivered a strong victory for early dismissal of suits involving protected speech – in a state without an anti-SLAPP law.
Federal Judge Declines to Block White House Ban on AP — for Now
Judge McFadden, however, suggested at the hearing that the ban is likely a form of content- and viewpoint-based discrimination, and left open the possibility that he could ultimately rule in the news outlet’s favor following a second hearing scheduled for March 20.
Nevada Supreme Court Rules that Declaratory Relief Claims Subject to Anti-SLAPP Statute
The decision reaffirms and further clarifies its prior holding that the anti-SLAPP law is not limited “to only certain claims for relief.” And it reverses a trial court that expressed concern that granting the anti-SLAPP motion—thereby triggering the law’s mandatory fee-shifting provision—would “punish” a police union that has sued the Review-Journal for publishing lawfully obtained…