Copyright Cases
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Copyright

U.S. Court of Appeals for the Ninth Circuit
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Russell v. Walmart — Supreme Court Declines to Address Platform Liability for Third-Party Copyright Infringement in Product Photographs

The Supreme Court left standing a Ninth Circuit ruling that Walmart was not directly liable for copyright infringement in product photographs uploaded by a third-party drop-ship vendor, declining to resolve a circuit split over the volitional conduct test for online platform copyright liability.

U.S. District Court for the Northern District of Georgia (Atlanta)
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Butzer v. HyperSphere Technologies — Developer-Founder’s Copyright Claims Over Quantum Encryption Software Dismissed for Failure to State a Claim

A Georgia federal court dismissed copyright infringement claims by the inventor of “key shadowing” quantum-resistant encryption technology against HyperSphere Technologies, the company to which he had assigned his patent, ruling he failed to adequately state a claim that his separately registered so

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Butzer v. HyperSphere Technologies — Developer-Founder’s Copyright Claims Over Quantum Encryption Software Dismissed for Failure to State a Claim

A Georgia federal court dismissed copyright infringement claims by the inventor of “key shadowing” quantum-resistant encryption technology against HyperSphere Technologies, the company to which he had assigned his patent, ruling he failed to adequately state a claim that his separately registered so

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Pelham v. Hütter (Pelham II) — CJEU Grand Chamber Defines ‘Pastiche’ Exception for Music Sampling, Requires ‘Recognizable Artistic Dialogue’

In the latest chapter of the 25-year Kraftwerk sampling dispute, the CJEU Grand Chamber held that the copyright ‘pastiche’ exception is not a catch-all but requires overt, recognizable artistic dialogue with the source work — with major implications for sampling, remix culture, and AI-ge

U.S. District Court for the Southern District of New York
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Atlantic Recording v. Anna’s Archive — Judge Rakoff Enters $322 Million Default Judgment Against Shadow Library for Mass Music Piracy

A federal judge entered a $322 million default judgment against the shadow library Anna’s Archive for scraping and distributing millions of copyrighted sound recordings from Spotify, calling it one of the most horrendous acts of piracy he had seen.

U.S. District Court for the Northern District of California
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Harrington v. Pinterest — N.D. Cal. Holds DMCA § 512(c) Safe Harbor Covers Embedded UGC in Email and Push Notifications

A Northern District of California court granted Pinterest summary judgment under DMCA Section 512(c), holding that the safe harbor protects user-generated images embedded in email, in-app, and push notifications because the underlying files remain stored on Pinterest’s servers regardless of ho

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