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Aaron Moss

@copyrightlately.bsky.social
1.2K followers 962 following 165 posts

Copyright lawyer, along with trademark, media and entertainment litigation. Visit copyrightlately.com for copyright stuff

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Aaron Moss @copyrightlately.bsky.social · 29/09/2026
BREAKING: The Third Circuit affirmed Thomson Reuters' win over ROSS, the first appellate ruling on fair use in AI training. Westlaw's headnotes sit behind a paywall. The court's reasoning now sits behind a seal. My quick take: copyrightlately.com/thomson-reut...
copyrightlately.com
Signed, Sealed, Affirmed: Third Circuit Backs Thomson Reuters over ROSS
The first federal appeals court to weigh fair use in AI training sided with Thomson Reuters over ROSS. Why it did so, for now, is under seal.
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Aaron Moss @copyrightlately.bsky.social · 28/09/2026
Last December, Cyril Vetter's lawyers wrote that the worldwide-termination question in his case would need to reach the Supreme Court to be truly "settled." Now that a cert petition is pending, they'd like the Court to wait. Here's why it shouldn't: copyrightlately.com/bmg-vetter-b...
copyrightlately.com
Vetter Says Wait. The Supreme Court Shouldn't
Cyril Vetter's new Supreme Court counsel says the worldwide-termination question should percolate. The statute, its drafting history, and the termination notices already circulating say otherwise.
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Aaron Moss @copyrightlately.bsky.social · 31/08/2026
The Fifth Circuit just rejected the Ninth's Circuit server test. Then it built a new approach that will often reach the same result. My breakdown of what changed, what didn’t, and where the differences may actually matter, up now on Copyright Lately: copyrightlately.com/fifth-circui...
copyrightlately.com
Fifth Circuit Rejects the Server Test, Then Reinvents It
The Fifth Circuit rejects the server test for a "transmit requirement": same result for most embedders, plus a new question about permission.
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Aaron Moss @copyrightlately.bsky.social · 24/08/2026
Liam and Noel Gallagher spent 30 years fighting. Now a 1995 photo of them kissing has started a fight of its own. A $1.92M painting, and a photographer who says it copies his shot. Full story, up now on Copyright Lately: copyrightlately.com/oasis-photo-...
copyrightlately.com
Copying? Definitely. Infringement? Maybe.
Artist Elizabeth Peyton faces a copyright infringement lawsuit over a photographer's image of Oasis brothers Liam and Noel Gallagher.
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Aaron Moss @copyrightlately.bsky.social · 18/08/2026
A publisher tried to use a poet's FBI file to keep his poems out of the public domain. Twelve of Corretjer's poems got there anyway. Whether he gave Puerto Rico's unofficial anthem away on purpose goes to a jury. Full story, up now on Copyright Lately: copyrightlately.com/corretjer-br...
copyrightlately.com
So the People May Sing. The Anthem Still Goes to Trial.
Twelve Corretjer poems Roy Brown set to music are in the public domain. Whether Brown had permission for "Boricua en la Luna" goes to a jury.
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Aaron Moss @copyrightlately.bsky.social · 10/08/2026
New: A book called SCAM says the Zapruder film was fabricated. The museum that owns the copyright says the only thing fabricated is the controversy. A Dallas judge just weighed in. Full story, up now on Copyright Lately: copyrightlately.com/zapruder-fil...
copyrightlately.com
Inside the Strange Copyright Fight Over America's Most Famous Home Movie
Six decades after JFK's assassination, a conspiracy book took aim at the Zapruder copyright. A Dallas judge just decided which claims survive.
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Aaron Moss @copyrightlately.bsky.social · 03/08/2026
After personally reading 6,000 pages of romantasy fiction, Judge Colleen McMahon called this copyright suit over the bestselling Crave series "open and shut.” The "shut" part still took four years, three judges, and $3.4M in fees. Full story: copyrightlately.com/crave-copyri...
copyrightlately.com
After 6,000 Romantasy Pages, Judge Hands Crave Plaintiff the Bill
The Crave copyright case was open and shut once a judge compared the books. Getting there took four years and $3.4 million in legal fees.
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Aaron Moss @copyrightlately.bsky.social · 20/07/2026
A ruling billed as a win for creators would quietly strip foreign ones of any U.S. termination rights. Now most of the music and film industry is asking the Supreme Court to undo it. Full story, up now on Copyright Lately: copyrightlately.com/bmg-vetter-c...
copyrightlately.com
Studios, Labels and Scholars Say the Fifth Circuit Botched Vetter
Five new amicus briefs urge the Supreme Court to undo the Fifth Circuit's worldwide-reversion rule, warning it would sow international chaos.
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Aaron Moss @copyrightlately.bsky.social · 13/07/2026
I took a vacation. The federal courts did not. Reaction videos, reggaetón, Taylor Swift, migrating ducks, and the photographer who beat the server test only to lose to the calendar. Consider it a beach read, if your idea of the beach is a federal courthouse: copyrightlately.com/whats-up-cop...
copyrightlately.com
What's Up With Copyright Lately?: Summer Breeze Edition
Reaction videos, reggaetón, and a poet's second loss to Taylor Swift. The courts cleared their dockets for summer. Here's what piled up.
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Aaron Moss @copyrightlately.bsky.social · 22/06/2026
Most people try to stay out of lawsuits. Sony, Universal, Warner, and BMG just bought the losing end of one—specifically to seek Supreme Court review of a Fifth Circuit ruling they call a recipe for global chaos. Full story, up now on Copyright Lately: copyrightlately.com/bmg-vetter-c...
copyrightlately.com
Double Shot's Last Call: Will SCOTUS Review Worldwide Copyright Termination?
Major music companies ask the Supreme Court to reverse the Fifth Circuit's worldwide copyright termination ruling in BMG v. Vetter.
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Aaron Moss @copyrightlately.bsky.social · 09/06/2026
The Ninth Circuit just took the Kat Von D tattoo case en banc, putting "total concept and feel" on the chopping block. copyrightlately.com/kat-von-d-en...
copyrightlately.com
Kat Von D Tattoo Case Headed for En Banc Review
The Ninth Circuit will rehear the photography-meets-tattoo copyright case en banc, putting "total concept and feel" on the chopping block.
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Aaron Moss @copyrightlately.bsky.social · 08/06/2026
Court issues a tentative reaction to a reaction video, and the internet reacted to the reaction before the court could finalize its reaction. Here's my reaction:
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Aaron Moss @copyrightlately.bsky.social · 08/06/2026
There's a tentative ruling in Ethan Klein's reaction-video suit against Denims, and it would beat him with the fair use precedent he helped create. It's not final, but the internet already has opinions. Many of them are wrong. New on Copyright Lately: copyrightlately.com/ethan-klein-...
copyrightlately.com
Judge’s First Take Favors Denims—But Will It Survive the Recut?
Judge's ruling would hand Denims a fair use win in Ethan Klein's reaction-video copyright lawsuit—using Klein's own precedent against him.
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Aaron Moss @copyrightlately.bsky.social · 01/06/2026
Cox v. Sony narrowed secondary liability. Now more rides on direct liability, where a dial-up-era doctrine called volitional conduct asks who "presses the button" when a machine makes the copy. Does it fit gen AI? Full story, up now on Copyright Lately: copyrightlately.com/cox-sony-vol...
copyrightlately.com
Cox and Effect: Why Volitional Conduct Is AI Copyright's Next Battleground
Cox v. Sony is reshaping AI copyright fast. The next fight is volitional conduct—the rule deciding who's liable for what AI models output.
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Aaron Moss @copyrightlately.bsky.social · 18/05/2026
NEW: Ethan Klein won the foundational reaction-video fair use case in 2017. Now he's the plaintiff—and his lawsuit against streamer Denims puts hatewatching on a collision course with fair use. Full story, up now on Copyright Lately: copyrightlately.com/klein-reacti...
copyrightlately.com
Hatewatch This Space: Catching Up With Ethan Klein’s Reaction Video Lawsuits
Of the three streamers Ethan Klein sued over Content Nuke, only Denims is still fighting—and her fair use motion puts hatewatching on trial.
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Aaron Moss @copyrightlately.bsky.social · 01/05/2026
Here's how you know a copyright opinion was a disaster: the Tenth Circuit just spent 79 pages writing it again. New on Copyright Lately: copyrightlately.com/tiger-king-f...
copyrightlately.com
Tenth Circuit Redeems Itself in 'Tiger King' Fair Use Case
A replacement opinion affirms Netflix’s fair use of a one-minute funeral clip—and gives documentary filmmakers a post-Warhol roadmap.
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Reposted by Aaron Moss
Aaron Moss @copyrightlately.bsky.social · 13/04/2026
The Supreme Court's Cox v. Sony Music ruling is three weeks old. It's already being cited to defend an AI video generator that produces Darth Vader on demand. Full story, up now on Copyright Lately: copyrightlately.com/cox-v-sony-m...
copyrightlately.com
Cox v. Sony Music Comes to Hollywood
The Supreme Court’s newest copyright decision is already being used to argue that an AI video generator should be treated the same as an ISP.
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Aaron Moss @copyrightlately.bsky.social · 13/04/2026
The Supreme Court's Cox v. Sony Music ruling is three weeks old. It's already being cited to defend an AI video generator that produces Darth Vader on demand. Full story, up now on Copyright Lately: copyrightlately.com/cox-v-sony-m...
copyrightlately.com
Cox v. Sony Music Comes to Hollywood
The Supreme Court’s newest copyright decision is already being used to argue that an AI video generator should be treated the same as an ISP.
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Aaron Moss @copyrightlately.bsky.social · 26/03/2026
The Supreme Court just rewrote the rules for contributory copyright infringement. What it all means for secondary liability, the DMCA safe harbor, and the pending AI output cases—up now on Copyright Lately: copyrightlately.com/supreme-cour...
copyrightlately.com
Supreme Court Draws a Hard Line on Contributory Infringement in Cox v. Sony Music
The Supreme Court just killed fifty years of contributory liability precedent, rewriting the rules for secondary copyright liability.
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Aaron Moss @copyrightlately.bsky.social · 23/03/2026
A stock photo company took a pork chop photo all the way through a federal jury trial, won $200, then asked for $69,000 in attorney's fees. Guess how that went. Full story, up now on Copyright Lately: copyrightlately.com/prepared-foo...
copyrightlately.com
This Little Piggy Went to Trial (And Got Just $200 and No Fees)
A stock photo company went to trial over a single image of raw pork chops, won $200, then asked for $69,000 in fees. It went poorly.
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Aaron Moss @copyrightlately.bsky.social · 09/03/2026
Thaler is dead. Here are the AI copyright questions it leaves behind. copyrightlately.com/thaler-is-de... #ai #copyright #ip #law
copyrightlately.com
Thaler Is Dead. Now for the AI Copyright Questions That Actually Matter.
The Supreme Court buried the easy AI copyright case. Still left: what counts as authorship, how you prove it, and what can still get you sued.
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Aaron Moss @copyrightlately.bsky.social · 23/02/2026
Tracy Anderson sued a former trainer for copying her fitness routines. The Ninth Circuit said you can't copyright a workout—especially one you spent years marketing as a "method." Full story, up now on Copyright Lately: copyrightlately.com/tracy-anders...
copyrightlately.com
Tracy Anderson Called Her Workout a "Method." The Ninth Circuit Agreed.
A celebrity fitness guru sued a former trainer for copying her exercise routines. The Ninth Circuit said they aren't choreography.
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Aaron Moss @copyrightlately.bsky.social · 16/02/2026
Seedance 2.0 drew cease and desist letters within days. One detail that no one's caught: Disney’s letter landed on the desk of a former Warner Bros. GC—now ByteDance’s top lawyer. If that sounds tangled, wait until you get to the enforcement challenge. copyrightlately.com/meet-seedanc...
copyrightlately.com
Meet Seedance 2.0, Hollywood’s Newest AI Copyright Headache
The entertainment industry's AI copyright claims are strong, but Seedance 2.0 highlights the harder challenge: enforcing them across borders.
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Aaron Moss @copyrightlately.bsky.social · 20/01/2026
The Art of Not Letting Go: The Mondrian Trust claims a 1930 painting is still protected—citing "dual copyrights," Spanish law, and the Uruguay Round Agreements Act. Familiar playbook. None of it holds up. Full story, up now on Copyright Lately: copyrightlately.com/mondrian-pub...
copyrightlately.com
Mondrian Entered the Public Domain. The Estate Disagrees.
The Mondrian Trust claims a 1930 painting is still protected—citing "dual copyrights," Spanish law, and a misreading of the Copyright Act.
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Aaron Moss @copyrightlately.bsky.social · 13/01/2026
Attention, foreign nations: the U.S. is coming for your copyrights. The Fifth Circuit just held in Vetter v. Resnik that copyright termination and renewal recapture ownership worldwide. The court is wrong—and I explain why. Up now on Copyright Lately. copyrightlately.com/vetter-resni...
copyrightlately.com
Fifth Circuit Expands Copyright Termination Beyond U.S. Borders
A sweeping new ruling holds that U.S. copyright termination and renewal reach worldwide, upending long-settled limits of territoriality.
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Aaron Moss @copyrightlately.bsky.social · 12/01/2026
Top Gun: Maverick just notched two copyright wins, issued days apart on opposite coasts. Together, they show where copyright stops helping you—and where it stops you cold. Full story up now on Copyright Lately: copyrightlately.com/two-new-top-...
copyrightlately.com
Two New Top Gun Rulings Map Copyright’s Danger Zone
Issued days apart on opposite coasts, the cases show copyright's outer limits—what’s protected, what isn’t, and the cost of crossing the line.
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Aaron Moss @copyrightlately.bsky.social · 05/01/2026
The Ninth Circuit just affirmed Kat Von D’s win in the Miles Davis tattoo case—but two judges questioned whether the court’s longstanding “total concept and feel” test should survive at all. Is en banc next? Full story up now on Copyright Lately: copyrightlately.com/kat-von-d-ta...
copyrightlately.com
Will the Kat Von D Tattoo Case Kill “Total Concept and Feel”?
The Ninth Circuit affirmed in Sedlik v. Von Drachenberg—but two judges called for scrapping the intrinsic test. En banc review may be next.
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Aaron Moss @copyrightlately.bsky.social · 31/12/2025
Before you close the books on 2025, here’s one more year-end list: my annual countdown of the year’s worst copyright decisions. Five cases. No spoilers. Let the debates begin. Up now on Copyright Lately: copyrightlately.com/the-5-worst-...
copyrightlately.com
The 5 Worst Copyright Decisions of 2025
From novel legal theories to repeated mistakes, 2025 delivered no shortage of questionable copyright rulings. These five cases led the way.
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Aaron Moss @copyrightlately.bsky.social · 31/12/2025
Public Domain Day 2026 is almost here. On January 1, a new crop of works become free to use in the U.S.—ready to remix, recycle, or repurpose into B-grade horror films and ill-advised erotica. My annual roundup covers 150+ of them: copyrightlately.com/public-domai...
copyrightlately.com
Public Domain Day 2026 Is Coming: Here's What to Know
On January 1, 2026, works from 1930—including Nancy Drew, early Betty Boop, and The Maltese Falcon—hit the U.S. public domain. Here’s what it all means.
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Reposted by Aaron Moss
Lawrence Wilkinson @lhwilkinson.bsky.social · 20/12/2025
A bumper crop of soon-to-be-freely-available works: "Public Domain Day 2026 Is Coming: Here’s What to Know," from @copyrightlately.bsky.social (Plus- Winter Holidays with @jstordaily.bsky.social, Radiohead, and The Kinks) Makin' a list: roughlydaily.com/2025/12/20/t...
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Aaron Moss @copyrightlately.bsky.social · 08/12/2025
Public Domain Day 2026 is almost here. On January 1, works from 1930—including Miss Marple, Animal Crackers, and The Little Engine That Could—enter the U.S. public domain. Expect celebration, confusion, and at least one Betty Boop slasher film. Sorry in advance. copyrightlately.com/public-domai...
copyrightlately.com
Public Domain Day 2026 Is Coming: Here's What to Know
On January 1, 2026, works from 1930—including Nancy Drew, Betty Boop, and The Maltese Falcon—hit the U.S. public domain. Here’s what it all means.
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Aaron Moss @copyrightlately.bsky.social · 27/11/2025
As NBC used to say when advertising 'Friends' reruns back in the 90s: If you haven't seen it, it's new to you! Happy Thanksgiving everyone! copyrightlately.com/a-five-cours...
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.
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Aaron Moss @copyrightlately.bsky.social · 19/11/2025
Oof.
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Aaron Moss @copyrightlately.bsky.social · 17/11/2025
SDNY just held that AI “substitutive summaries” — non-verbatim outputs that mirror a story’s expressive structure and journalistic choices — may plausibly infringe copyright. Big case for AI + news. Full story on Copyright Lately: copyrightlately.com/court-rules-...
copyrightlately.com
Court Rules AI News Summaries May Infringe Copyright
News publishers just cleared a key hurdle against Cohere in a copyright fight over AI-generated "substitutive summaries" of their reporting.
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Aaron Moss @copyrightlately.bsky.social · 27/10/2025
President Trump just raised tariffs on Canada over a Reagan ad quoting Reagan's anti-tariff views. Is there a copyright issue? The answer may depend which side of the border you're on. Full story up now on Copyright Lately: copyrightlately.com/reagan-found...
copyrightlately.com
Can the Reagan Foundation Sue Ontario for Copyright Infringement over Tariff Ad?
Thanks to international copyright treaties, Reagan's public domain speech may be protected in Canada—even as Canada gets tariffed for using it here.
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Aaron Moss @copyrightlately.bsky.social · 20/10/2025
French Montana just won a six-year lawsuit because a teenage producer supposedly registered only a sound recording copyright—not the underlying composition. But what if his registration covered both—and nobody realized it? Full story on Copyright Lately⬇️ copyrightlately.com/how-french-m...
copyrightlately.com
How French Montana Won on a Copyright Technicality
7th Circuit: register the right copyright or risk losing even when tracks sound identical. But what if the artist did—and nobody noticed?
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Aaron Moss @copyrightlately.bsky.social · 06/10/2025
FWIW, it looks like they're actually going EXTRA restrictive at the moment. Example: I just asked Sora 2 to "Show me a funny video of a yellow cartoon dad that likes beer and donuts" and I got back "This content may violate our guardrails concerning similarity to third-party content."
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Aaron Moss @copyrightlately.bsky.social · 05/10/2025
Facing backlash, OpenAI reverses course: rightsholders will decide whether their characters can appear in Sora 2, with revenue sharing for those who opt in. But will copyright owners hand over their IP to be freely manipulated for a slice of ad revenue? copyrightlately.com/openai-backt...
copyrightlately.com
Sora, Not Sorry: OpenAI Backtracks on Opt-Out Copyright Policy
OpenAI, facing backlash, will now let rightsholders decide whether their characters appear in Sora 2, with revenue sharing for those who opt in.
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Aaron Moss @copyrightlately.bsky.social · 05/10/2025
What a wild week in AI and copyright. Just three days after launching its new Sora 2 AI video app with a brazen policy that let users create videos featuring copyrighted characters unless rightsholders explicitly opted out, OpenAI has slammed the brakes.
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Aaron Moss @copyrightlately.bsky.social · 03/10/2025
My Q&A with Puck's Matt Belloni, and why OpenAI's Sora 2 might be Hollywood's biggest copyright test since YouTube. Up now on Copyright Lately: copyrightlately.com/sora-2-copyr... @mattbelloni.bsky.social
copyrightlately.com
Is Sora 2 the Entertainment Industry's Next "Lazy Sunday" Moment?
My Q&A with Puck's Matt Belloni on why OpenAI's Sora 2 could be Hollywood's biggest copyright test since YouTube
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Aaron Moss @copyrightlately.bsky.social · 01/10/2025
I tested OpenAI’s new Sora 2 video app. Within minutes I was generating branded cartoon clips. Hollywood’s AI headache just got animated. copyrightlately.com/new-sora-ai-...
copyrightlately.com
New Sora AI App Forces Hollywood to Opt Out or Get Played
I tested OpenAI's new Sora 2 video app. Within minutes I was generating branded cartoon clips. Hollywood's AI headache just got animated.
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Aaron Moss @copyrightlately.bsky.social · 29/09/2025
An artist claimed concept art for Disney's new Lion King ride infringed her concept art for a new Lion King ride—which was itself based on Disney's Lion King. It didn't work out so well. Full story up now on Copyright Lately: copyrightlately.com/pride-rock-p...
copyrightlately.com
Pride Rock Plunge: Theme Park Dreams Meet Copyright Reality
A judge dismissed an artist's lawsuit over a 'Lion King' ride concept, finding no substantial similarity after filtering out Disney's own IP.
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Aaron Moss @copyrightlately.bsky.social · 21/09/2025
Fair use wins, exclusivity loses, the Ninth Circuit finally publishes, and the future of a psychic network’s lawsuit looks hazy. Time to catch up. copyrightlately.com/whats-up-wit...
copyrightlately.com
What’s Up With Copyright Lately?: Sweater Weather Edition
Fair use wins, exclusivity loses, the 9th Circuit finally publishes, and the future of a psychic network's lawsuit looks hazy. Time to catch up.
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Aaron Moss @copyrightlately.bsky.social · 08/09/2025
Anthropic's $1.5 billion copyright settlement is simultaneously groundbreaking and trivial, a paradox that reveals how AI has fundamentally altered the economics of copyright infringement. Full story up now on Copyright Lately: copyrightlately.com/anthropic-se...
copyrightlately.com
Anthropic’s $1.5 Billion Speeding Ticket
It’s the largest copyright settlement in history. But for Anthropic, it’s a toll booth, not a stop sign.
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Aaron Moss @copyrightlately.bsky.social · 21/07/2025
Trump just lost a copyright lawsuit claiming ownership over his own recorded words in the Woodward interviews. Full story, up now on Copyright Lately: copyrightlately.com/trump-loses-copyright-fight-over-woodward-interview-recordings/
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Reposted by Aaron Moss
Brian L. Frye @brianlfrye.bsky.social · 01/07/2025
Great @copyrightlately.bsky.social essay on the different approaches taken in last week's AI copyright infringement opinions by Alsup & Chhabria. copyrightlately.com/apprentice-o...
copyrightlately.com
Apprentice or Adversary? Judges Split on AI and Copyright
Two wins for AI companies mask a deeper divide: Is artificial intelligence a creative tool or an existential threat?
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Aaron Moss @copyrightlately.bsky.social · 30/06/2025
Should copyright protect creative output—or the humans who create it? Two judges just revealed the philosophical fault line that will define AI's legal future. Full story, up now on Copyright Lately: copyrightlately.com/apprentice-o...
copyrightlately.com
Apprentice or Adversary? Judges Split on AI and Copyright
Two wins for AI companies mask a deeper divide: Is artificial intelligence a creative tool or an existential threat?
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Aaron Moss @copyrightlately.bsky.social · 23/06/2025
Ethan Klein once defended reaction videos as fair use. Now he’s suing Twitch streamers for barely reacting at all. Bong rips, blank stares, and bathroom breaks take center stage in the year's most ironic copyright lawsuit. Up now on Copyright Lately: copyrightlately.com/ethan-klein-...
copyrightlately.com
Ethan Klein Files Copyright Lawsuits Over 'Lazy' Reaction Videos
Ethan Klein helped establish fair use protections for reaction videos. Now he's suing to prove that not all reactions are created equal.
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Aaron Moss @copyrightlately.bsky.social · 16/06/2025
"Show, Don't Tell" takes center stage in Disney & Universal's lawsuit against Midjourney. After 40+ AI copyright cases got stuck on training data, this one puts the outputs front and center. Full story and why it matters, up now on @copyrightlately: copyrightlately.com/why-the-stud... #copyright #AI
copyrightlately.com
Why the Studios’ Midjourney Lawsuit Is Different
Hollywood knows the power of visuals. In their lawsuit against Midjourney, the studios aren't just alleging infringement—they're showing it.
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Aaron Moss @copyrightlately.bsky.social · 27/05/2025
A constitutional showdown over who controls the Copyright Office heads to court tomorrow. Full story now on Copyright Lately. copyrightlately.com/perlmutters-...
copyrightlately.com
Perlmutter's Lawsuit Is About More Than Just Getting Her Job Back
Can the White House remove the Register of Copyrights? Shira Perlmutter says no—and warns the stakes go far beyond her job.
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