Copyright

Copyright law cases

Copyright, Ninth Circuit

Sedlik v. Von Drachenberg — Ninth Circuit Grants Rare En Banc Rehearing in Kat Von D Tattoo Copyright Case

The Ninth Circuit granted en banc rehearing in the Kat Von D tattoo-copyright case, vacating the panel opinion that affirmed a jury verdict finding no substantial similarity between a photographer’s Miles Davis portrait and a photorealistic tattoo — a signal that the full court may overhaul the circuit’s decades-old “intrinsic test” for copyright similarity.

Copyright, Federal Circuit

Aljindi v. United States — Federal Circuit Confirms §1498(b) Is Exclusive Path for Copyright Claims Against the Government

In a nonprecedential ruling, the Federal Circuit affirmed that copyright infringement claims against the U.S. government must proceed exclusively under 28 U.S.C. §1498(b) and cannot be recast as Tucker Act ‘takings’ claims — a ruling arising from a pro se plaintiff’s allegation that the government used his AI dissertation without compensation.

Copyright, Fourth Circuit

Deque Systems v. BrowserStack — Fourth Circuit Affirms Summary Judgment After Copyright Plaintiff’s Repeated Failure to Disclose Damages

The Fourth Circuit affirmed summary judgment for BrowserStack after Deque Systems repeatedly failed to disclose its damages calculations in a copyright infringement case over web accessibility software, holding that the district court properly excluded Deque’s damages evidence under Rule 37(c)(1) and that Deque failed to raise a genuine dispute on injunctive relief.

Copyright, District Courts

Olson v. West, Woodward & Garrity — Copyright Claims Over Jury-Attitude Report Used by January 6 Defense Attorneys Survive Dismissal

A D.C. federal judge denied motions to dismiss copyright infringement claims brought by a jury consultant against three defense attorneys who downloaded her copyrighted jury-attitude report from a public court docket and filed it in support of their own clients’ January 6 venue-transfer motions without permission or payment.

Copyright, District Courts

Disney v. MiniMax — Court Denies Dismissal of AI Copyright Suit, Finds Hailuo AI’s Character Generation Plausibly Infringes

A Central District of California judge denied motions to dismiss Disney, Universal, and Warner Bros.’ copyright claims against the makers of Hailuo AI, finding that the video-generation tool’s reproduction of iconic characters like Spider-Man and Darth Vader plausibly constitutes both direct and contributory infringement.

Copyright, District Courts

Nazemian v. NVIDIA — Court Allows AI Copyright Training Claims to Proceed, Applies Cox Framework to Dataset Scripts

A federal judge denied most of NVIDIA’s motion to dismiss a class action alleging the company trained AI models on pirated books, finding that dataset download scripts ‘have no other purpose than to speed up the process of infringement’ and that the Supreme Court’s Cox ruling does not shield NVIDIA from contributory liability.

Copyright, District Courts

Moonbug Entertainment v. BabyBus — Court Denies Appellate Fees but Awards $280K for Extraordinary Copyright Enforcement Efforts

After prevailing in a $25.6 million copyright case over CoComelon character infringement, Moonbug sought $933K in additional fees. The court denied appellate fees — finding BabyBus’s curated appeal was objectively reasonable — but awarded $280K for extraordinary judgment enforcement work necessitated by BabyBus’s use of a shell entity to divert funds.

Copyright, District Courts

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 software code was infringed.

Copyright, EU Courts

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-generated content.

Copyright, D.C. Circuit

Perlmutter v. Blanche — Supreme Court Declines to Let Trump Remove Register of Copyrights, Preserving D.C. Circuit Order

The Supreme Court declined to lift a D.C. Circuit injunction protecting the Register of Copyrights from presidential removal, leaving intact a ruling that the Register—as a legislative branch officer housed within the Library of Congress—cannot be fired by the Executive, even after SCOTUS expanded removal power over FTC and Federal Reserve officials the same week.

Copyright, Other International (France)

Tribunal judiciaire de Paris, 10 avril 2025 (n° 22/10720) — Hermès v. Maison R&C — First French “Upcycling” Decision Holds Recombining Authentic Hermès Scarves Into Denim Jackets Constitutes Copyright and Trademark Infringement

The Paris Judicial Court issued France’s first major upcycling decision, holding that incorporating cut pieces of authentic Hermès silk scarves into Levi’s denim jackets — even when sold as commercial ‘upcycling’ — constitutes copyright infringement, trademark infringement, and unfair competition. The court rejected the argument that environmental sustainability operates as a defense to luxury IP rights.

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