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They Stole My Moves! The Copyright Challenges of Choreography
[1] In the dance world, it is undoubtedly taboo to perform another choreographer’s work without their permission.[2] But is it illegal? Choreography is protected under the Copyright Act, codified in 17 U.S.C. § 102(a), but dance is a dynamic art form, and with that comes a host of challenges to copyrighting original choreography.[3] Unlike a painting or a song, choreography is made up of movements that are constantly borrowed and adapted.[4] So where does inspiration end and

Ashley Westgate
3 days ago4 min read


Is the Server Test on Borrowed Time? Copyright Liability for Embedded Social Media Content
[1] Embedded Content and the Server Test: Instagram provides a technical mechanism permitting a viewer to embed another user’s posted image into blogs, other social media posts, and online articles.[2] Yet the technical ability to embed an image does not authorize the use of the copyrighted work.[3] This features is thus in violation of The Copyright Act of 1976, which grants copyright owners the exclusive right to publicly display their works, protecting against unauthoriz

Eleanor Mulvenon
Sep 274 min read


Tracing Copyright Law from Photo to Pore – Part II: Why the En Banc Ninth Circuit Should Preserve the Substantial Similarity Test
[1] A Note from the Author I previously wrote a detailed review of the Ninth Circuit’s precedent-based rejection of photographer Jeffrey Sedlik’s appeal of an unfavorable jury verdict in a copyright infringement case. At the time, I examined Judge Wardlaw’s and Judge Johnstone’s passionate arguments urging the Ninth Circuit to grant rehearing en banc and abandon its intrinsic-extrinsic test for evaluating whether protected works and allegedly infringing works are substant

Harrison Lavelle
Sep 205 min read


No License to Listen: How TikTok Lost Its Soundtrack
[1] The record label Universal Music Group (“UMG”) silenced TikTok videos on the social media platform in 2024 amid licensing disputes.[2] Under the Copyright Act of 1976, copyright protection attaches to “original works of authorship fixed in any tangible medium of expression”.[3] The Copyright Act treats musical works, including the lyrics, and sound recordings as separate categories of protected works, which are both able to be protected.[4] Because the lyrics and the soun

Ella Bubeck
Sep 134 min read


Tracing Copyright Law from Photo to Pore: The Fate of the Ninth Circuit’s Controversial Substantial Similarity Test
[1] Introduction A battle is brewing in the Ninth Circuit over what test courts should use to determine whether allegedly infringing works are “substantially similar” to their copyright-protected counterparts. While the three-judge panel rejected photographer Jeffrey Sedlik’s appeal based on binding precedent, two judges wrote separately calling for the Circuit to go in a different direction. If the Ninth Circuit grants rehearing en banc and abandons its current test, creat

Harrison Lavelle
Apr 56 min read


Where to Draw the Line? The Supreme Court Takes Up Sony v. Cox
[1] In December of last year, the Supreme Court heard oral arguments for Sony Music Entertainment v. Cox Communications, Inc . [2] The case reached the Supreme Court after Cox appealed the Fourth Circuit’s decision. [3] The Court must now determine if an Internet Service Provider (“ISP”) can be found liable under a theory of contributory liability for copyright infringement when the ISP continues to provide internet service to subscribers after receiving notice of the sub

Nick Biad
Mar 294 min read


How LEGO Layered Intellectual Property, Brick by Brick, into Its Own Playground
[1] Founded in Denmark in 1932 by Ole Kirk Kristiansen, the LEGO Group began by modestly manufacturing wooden toys crafted from polished beechwood. [2] The company eventually transitioned to plastic, giving rise to the interlocking plastic brick that would come to define the LEGO brand. [3] Inspired by the two Danish words “Leg Godt,” meaning “Play Well,” LEGO’s name reflects quality and children’s right to enjoyable play. [4] January 28, now celebrated as International

Mandi Karpo
Feb 288 min read


New Individual Lawsuits Arise Following the $1.5 Billion Settlement Between Anthropic and Authors
[1] The Original Bartz v. Anthropic Settlement In September 2025, a U.S. District Court approved a $1.5 billion class-action settlement between generative artificial intelligence company Anthropic, which owns the Claude AI models, and authors and publishers. It is the largest known copyright settlement in the United States and first of its kind for an AI company. [2] U.S. Senior District Judge William Alsup approved the settlement, requiring Anthropic to compensate

Ella Doda
Feb 224 min read


From Courtrooms to Collaboration: Disney’s Strategic Shift in the Age of AI
[1] Generative AI has quickly become a normal part of today’s media-driven society. [2] The ability to distinguish what is real from what is AI-generated is becoming more difficult. [3] Those familiar with social media may recognize the OpenAI generative video system called Sora. [4] Sora is an AI platform designed to generate short-video content in response to user prompts. [5] Typically, generative-AI platforms, like Sora, would sound the alarm for maj

Colby Smith
Feb 155 min read


Ghiblification, Generative AI, and the Copyright Questions Behind Training Data
[1] In early 2025, OpenAI launched its image generation tool, GPT-4o, sparking social media trends that quickly flooded the internet with AI-generated images. [2] One of the most popular trends that emerged from this frenzy was transforming photos into images mimicking the iconic and well-loved aesthetic associated with Studio Ghibli. [3] This “Ghiblification” phenomenon quickly took over the internet, with fans of the animation studio uploading images from memes to persona

Seychelle Takahashi
Feb 15 min read


AI in Developing Copyright Law
[1] Transformation from Physical Books to Digital Platforms Artificial Intelligence (“AI”) is a computer system used for algorithms, search engines, and general assistance, among other applications. [2] Al platforms have become widely prevalent, and this increased use and access to AI technology has caused conflicts between AI creators and human creators. [3] In a suit filed in 2023, Richard Kadrey, an author, comedian Sarah Silverman, and others sued Meta Platforms, In

Sara Brocious
Nov 5, 20254 min read


Shelving the Music Library: SoundExchange’s Battle to Enforce Royalty Collection and its Implications
[1] From genres like “Sunset Fuzz” to “Backyard BBQ” and “Mellow Morning,” Sonos Radio prides itself on curating “music for every moment” for its listeners. [2] This extensive catalog of music is the product of collaboration and licensing agreements between copyright collectives, music labels, artists, and Sonos. [3] However, recent developments have heightened tensions between the parties, creating uncertainty about the future of these relationships. [4] On June 16, 2025

Mackenzie Brown
Oct 29, 20254 min read


Judicial War on Rap: The Music Genre’s Humble Beginnings to the Courtroom
[1] During the 1960s and early 1970s in the Bronx, New York, hip hop culture was born from the African American, Afro-Caribbean, and Latino inner-city communities as a transformative response to economic hardship and social exclusion. [2] The genre has evolved into today’s Rap music genre and grows considerably in modern-day American culture. [3] As a consequence, American jurisprudence has increasingly used Rap lyricism as evidence in connection with artists alleged civil

Mandi Karpo
Oct 27, 20255 min read


Old Knowledge vs. New Tech: Britannica Takes On AI
[1] If you look up “AI” in the dictionary, do not be surprised if the definition comes with a citation to a federal court case. [2] That is exactly where things stand after Encyclopedia Britannica (“Britannica”) and its sibling company Merriam-Webster (“Webster”) filed suit against Perplexity AI in the Southern District of New York. [3] Perplexity AI’s search engine “Perplexity” is an AI-powered search and answer engine designed to respond conversationally to users’ queries

Colby Smith
Oct 22, 20254 min read


The Show Must Go On?: An Analysis of To Kill a Mockingbird's Play Rights
[1] Background The dispute over the right to produce To Kill a Mockingbird lies at the intersection of estates, play rights, and conflicting circuit decisions. [2] The Federal Copyright Act allows an author to terminate any exclusive or nonexclusive transfer or license of a copyright executed on or after January 1, 1978. [3] In 1969, Harper Lee granted Dramatic Publishing Company (“Dramatic”) exclusive rights to write and license “non-first-class” adaptations of To Kill a

Isabella Mininni
Oct 8, 20255 min read


Owning Your Face: Denmark’s Deepfake Proposal and How it Compares to U.S.
[1] The Dangers of Deepfakes in the Media As artificial intelligence (“AI”) becomes more immersive in both technological development and everyday use, the impending threat of deepfake identities continues to grow. Deepfakes are synthetic media that use AI to generate realistic images and videos of events that never occurred. [2] Although they have primarily been propagated online via social media platforms like TikTok for entertainment purposes, there are severe risks in

Ella Doda
Oct 1, 20256 min read


Who Owns Myth? Moana, Copyright Law, and the Ethics of Cultural Storytelling
[1] When Disney released Moana in 2016, the film was widely praised for its vibrant animation, infectious music, and celebration of Polynesian heritage. [2] However, beneath its commercial and critical success, Moana stirred debate about the boundaries of cultural appreciation, particularly when myth and folklore become the building blocks of mainstream entertainment. [3] This tension came to the forefront in a lawsuit filed by writer Buck Woodall, who alleged that Dis

Maggie Emmendorfer
Sep 11, 20257 min read


Can You Hear the Music? AHL is the Latest Sports League Hit with a Copyright Infringement Suit
[1] The American Hockey League (AHL) is the latest US-based professional sports league to face a copyright infringement suit this year. [2] Associated Production Music (APM) brought a suit days after issuing a similar action against a pharmaceutical company for its use of APM’s licensed works across social media promotions. [3] Earlier this summer, a group of music publishers sued over a dozen National Basketball Association (NBA) teams for the teams' use of protected works

Juhi Patel
Nov 5, 20244 min read


Authorship and Journalism in the Era of Generative AI
[1] AI services are increasingly the subject of lawsuits by creators seeking to protect their creative works. [2] A consolidated class of fiction authors, non-fiction authors, and The Authors Guild filed a complaint against OpenAI and Microsoft in the United States District Court for the Southern District of New York on February 5, 2024. [3] The class includes authors such as George R.R. Martin, Elin Hilderbrand, and Jodi Picoult, among others. [4] The Authors Guild desc

Evan Fitzgerald
Apr 2, 20245 min read
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