Copyright Lately

24/02/2025

After five years of litigation, a jury in LA will decide whether Disney’s Moana infringed an unproduced project called Bucky the Surfer Boy. Here’s what to expect as another copyright trial begins—and why it’s happening at all. Up now on Copyright Lately

https://copyrightlately.com/disneys-moana-is-on-trial-but-should-it-be/

A 5 year copyright battle heads to trial—despite only broad thematic similarities between the works. Here’s why, and what you need to know.

17/02/2025

Judge Bibas reverses course in the first copyright case on AI training and fair use. What happened—and what does it mean for gen AI, copyright, and the legal battles ahead? Some thoughts on Thomson Reuters v. Ross Intelligence, up now on Copyright Lately.
https://copyrightlately.com/ai-training-fair-use-copyright-westlaw/

Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get second looks from courts deciding fair use in generative AI cases.

09/02/2025

A federal district court in Baton Rouge, Louisiana, just turned an “admittedly novel” termination theory into a final judgment, risking global copyright chaos. The Fifth Circuit awaits.
https://copyrightlately.com/vetter-v-resnik-second-shot-same-mistake/

A federal district court in Louisiana just turned an “admittedly novel” legal theory into a final judgment, risking global copyright chaos.

03/02/2025

Over the weekend, the rightsholders for Belgian author Hergé asserted that the earliest works of Europe’s favorite boy reporter, Tintin, haven’t, in fact, entered the U.S. public domain—despite prevailing American copyright law that says otherwise.

While the Hergé estate’s position may seem surprising, it’s actually part of a playbook that's getting more play all the time: a growing number of international estates are pushing dubious legal arguments—often coupled with legal threats—to retain control over expiring copyrights.

Check out my deep dive on the Tintin saga and the broader trend, now up on Copyright Lately!

https://copyrightlately.com/public-domain-copyright-threats/

Public domain works are free—unless aggressive claims deter the public from using them. From Hergé to Chaplin, some estates won't let go.

27/01/2025

𝑮𝒓𝒆𝒈𝒐𝒓𝒊𝒏𝒊 𝒗. 𝑨𝒑𝒑𝒍𝒆 '𝐒𝐞𝐫𝐯𝐚𝐧𝐭' 𝐓𝐫𝐢𝐚𝐥 𝐔𝐩𝐝𝐚𝐭𝐞—𝐉𝐮𝐫𝐲 𝐂𝐥𝐞𝐚𝐫𝐬 𝐀𝐩𝐩𝐥𝐞, 𝐒𝐡𝐲𝐚𝐦𝐚𝐥𝐚𝐧: 𝐍𝐨 𝐀𝐜𝐜𝐞𝐬𝐬, 𝐍𝐨 𝐈𝐧𝐟𝐫𝐢𝐧𝐠𝐞𝐦𝐞𝐧𝐭: It’s no “I see dead people,” but as far as copyright infringement jury trials go, this one delivered a solid twist ending for M. Night Shyamalan, Apple, and nine other defendants in 𝘎𝘳𝘦𝘨𝘰𝘳𝘪𝘯𝘪 𝘷. 𝘈𝘱𝘱𝘭𝘦.

The long-running case, which wrapped Friday in Riverside, California, centered on allegations that Apple TV+’s 𝘚𝘦𝘳𝘷𝘢𝘯𝘵 was a “wholesale copy” of Francesca Gregorini’s 2013 indie film, 𝘛𝘩𝘦 𝘛𝘳𝘶𝘵𝘩 𝘈𝘣𝘰𝘶𝘵 𝘌𝘮𝘢𝘯𝘶𝘦𝘭. Despite accusations that Servant stole her story of a delusional mother hiring a young nanny to care for a “reborn baby” doll, the jury’s verdict hinged on a more foundational—yet often overlooked—principle of copyright law: a finding that none of the eleven defendants had sufficient access to 𝘌𝘮𝘢𝘯𝘶𝘦𝘭. No access=no copying=no infringement.

Check out my new post for the full breakdown, up now on Copyright Lately!

After a two-week trial, a California jury ruled that Apple TV+’s 'Servant' didn’t infringe Francesca Gregorini’s 'The Truth About Emanuel.'

21/01/2025

On the same day last week, two Southern District of New York judges issued copyright rulings on embedding, but they reached sharply different results. One held that YouTube’s Terms of Service “explicitly and unambiguously” grant a sublicense that “clearly extends” to embedding. The other allowed copyright infringement claims over embedded Twitter/X-hosted videos to proceed, finding Twitter’s Terms of Service too ambiguous to conclusively establish a sublicense.

In my latest post, I argue that these contrasting outcomes highlight the crucial role platform policies play in shaping the legal rights of content creators and publishers, the pressing need for clear and well-defined terms, and the dangers of relying on vague policies. Check out the full story, up now on Copyright Lately!

https://copyrightlately.com/sdny-social-media-embedding/

While one new ruling protects YouTube embeds, another finds Twitter’s terms ambiguous, underscoring the need for clearer platform policies.

13/01/2025

A high-stakes jury trial begins today in the long-running copyright infringement lawsuit over M. Night Shyamalan's Apple TV+ series "Servant," as filmmaker Francesca Gregorini claims the series infringes the copyright in her 2013 indie film, "The Truth About Emanuel." Initially dismissed in 2020 for lack of substantial similarity, the case was revived by the Ninth Circuit in 2022. Now, five years later, a jury will decide key issues of access, substantial similarity, and damages.

Rarely do copyright infringement cases in the entertainment industry reach trial—particularly those hinging on substantial similarity—making this one to watch. Check out my full breakdown of the case and a preview of what's to come, up now on Copyright Lately:

https://copyrightlately.com/gregorini-apple-copyright-trial/

A jury will decide if Apple TV+’s 'Servant' infringed Francesca Gregorini's indie film as a rare substantial similarity trial begins this week.

30/12/2024

5 Worst Copyright Decisions of 2024—Tired of the endless best-of lists clogging your feed? Take a break with the most ill-considered and wrongly decided rulings of the year, courtesy of my highly subjective and utterly unscientific process.

Many rulings missed the mark, but these five went the extra mile to secure their spots as the worst copyright decisions of 2024.

19/12/2024

By now, you’ve no doubt heard about the copyright lawsuit shaping up to be 2024’s version of “Who Is the Bad Art Friend?”: influencers Sydney Nicole Gifford and Alyssa Sheil are squaring off in court over who copied whose minimalist aesthetic on social media. The case is a bitter clash involving neutral-toned decor, Amazon affiliate links, and aggressively bland vibes.

My take: while this particular influencer battle will likely settle—most cases do—perhaps a better long-term outcome would be a legal decision that disabuses influencers of the notion that anyone can claim ownership over banality. Check out the full story at copyrightlately.com or link in bio.

16/12/2024

Battle of the Beige: Two influencers are duking it out in court over allegations of copying a minimalist aesthetic on social media. Beyond the viral drama, the lawsuit raises some fascinating questions about creativity, commerce, and the limits of copyright law. Plus, it’s just a really fun case—as long as you’re not one of the parties involved. My take, up now on Copyright Lately!
https://copyrightlately.com/social-media-cant-copyright-a-vibe/

As two social media influencers fight in court, a lawsuit over "sad beige" aesthetics sparks debate about creativity, commerce and copyright.

05/12/2024

Copyright Unwrapped: It’s the most wonderful time of the year for public domain fans. Check out my deep dive into the new (old) works entering the U.S. public domain on January 1, 2025—up now on Copyright Lately!

https://copyrightlately.com/public-domain-2025/

A new crop of copyrighted works enters the public domain in the United States on January 1, 2025. Here's what it all means.

26/11/2024

Thanksgiving is about more than just stuffing yourself with simple carbs and passing out on the couch in the middle of the afternoon. It’s also about being thankful you didn’t end up in court over turkey reheating instructions. These five Thanksgiving-themed copyright cases show that holiday squabbles aren’t limited to who gets stuck at the kids’ table. Happy Thanksgiving, everyone!

https://copyrightlately.com/a-five-course-feast-of-thanksgiving-themed-copyright-cases/

If you like your turkey with a side of copyright infringement, you've come to the right place.

25/11/2024

NEW: My deep dive into Miley Cyrus's surprising new motion to dismiss the "Flowers" copyright infringement lawsuit, and a look at the controversial precedent that creates hurdles for enforcing co-owned copyrights. Up now on Copyright Lately!
https://copyrightlately.com/flowers-copyright-case-motion-dismiss/

Miley Cyrus’s new motion to dismiss the 'Flowers' lawsuit highlights the Ninth Circuit’s flawed approach to copyright standing for co-owners.

18/11/2024

Making a lousy film with a recycled plot is bad enough. Filing a lawsuit claiming that your recycled plot is original—and then accusing someone else of ripping 𝘺𝘰𝘶 off—is truly next level. Full story, up now on Copyright Lately!
https://copyrightlately.com/eden-vs-yellowjackets-copyright-lawsuit/

A recycled plot device sparks a copyright infringement claim against Showtime's 'Yellowjackets,' but this case is destined to crash in court.

11/11/2024

NEW: How a court win for OpenAI and a tough Supreme Court standard could leave AI copyright claims on shaky ground.
Full story up now on Copyright Lately!

https://copyrightlately.com/raw-story-copyright-lawsuit-standing/

How a new court win for OpenAI and a tough Supreme Court standard may leave AI copyright claims on shaky ground.

04/11/2024

The Second Circuit has spoken: the I–iii–IV–V chord progression is officially unoriginal, commonplace, and free for all to use—whether you’re an eight-year-old plucking out “Puff the Magic Dragon” on a toy guitar or a redheaded rock star named Ed. Check out my 5 𝐤𝐞𝐲 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬 from Ed Sheeran's appellate win, up now on Copyright Lately!

https://copyrightlately.com/ed-sheeran-wins-copyright-appeal-5-things-to-know/

news

In a copyright battle over pop music’s building blocks, the Second Circuit delivers a win for Ed Sheeran—and for future creativity.

29/10/2024

Just in time for Halloween—my exclusive list of the 13 spookiest copyright cases of all time!
https://copyrightlately.com/13-spooky-copyright-cases-halloween/

The only thing scarier than a slasher flick is a copyright lawsuit. Here are some of the greats, from "Halloween" to "Ghostbusters" and many more.

28/10/2024

Model Gigi Hadid defaults in a copyright lawsuit over an Instagram post, leading to a judgment of only $3,000 in damages. Was it a savvy strategy or just a lucky break? Full story, up now on Copyright Lately!
https://copyrightlately.com/gigi-hadids-no-defense-offense-pays-off-in-copyright-default/

Gigi Hadid defaults in a copyright lawsuit, leading to a judgment of only $3,000 in damages. Was it a savvy strategy or just a lucky break?