Aaron Moss @copyrightlately.bsky.social · 8hYou'd have to ask them, but probably because they don't want to lose and want to make some new law while not losing. 010
Aaron Moss @copyrightlately.bsky.social · 8hYeah, pretty much. And they've been defending the case for a longer time than they were in operation. Welcome to American litigation. 110
Aaron Moss @copyrightlately.bsky.social · 8hIn fairness, I've made the same mistake. Sure does seem like there should be a “p” in there. Can we all at least agree on that much? 010
Aaron Moss @copyrightlately.bsky.social · 8hIt also gives Ross's lawyers at White & Case and Pillsbury some time to learn how to spell “Thomson Reuters,” which is misspelled “Thompson” twice in the motion. 120
Aaron Moss @copyrightlately.bsky.social · 8hBut there's a practical reason for Ross to take the shot: under Supreme Court Rule 13.3, a timely rehearing petition means the 90 days to seek cert would run from the denial of rehearing, not from the September 29 judgment. That likely pushes a cert petition into early 2027. 100
Aaron Moss @copyrightlately.bsky.social · 8hIt also describes a case that “resulted in two conflicting summary judgment decisions.” The odds aren't great here; the Third Circuit rarely grants rehearing en banc. 100
Aaron Moss @copyrightlately.bsky.social · 8hToday, Ross filed an unopposed motion asking for 21 more days, until November 3, to petition for rehearing en banc. The motion calls this “the first appellate case to address whether using copyrighted works to train an AI model is fair use.” 100
Aaron Moss @copyrightlately.bsky.social · 8hAfter last week's ruling that Ross's use of Westlaw headnotes to train its AI legal research tool wasn't fair use, Ross's lawyers said they would take their fight all the way to the Supreme Court. But first, they want another shot at the Third Circuit. copyrightlately.com/pdfviewer/th... 220
Aaron Moss @copyrightlately.bsky.social · 06/10/2026Last week, the first appeals court to weigh in on AI training and fair use ruled against Ross Intelligence. By Thursday, nearly everyone with a stake in AI copyright had declared victory. My take on what it did and didn’t decide is up on Copyright Lately: copyrightlately.com/thomson-reut...copyrightlately.comEveryone Won the Ross Fair Use Appeal. Except Ross.Everyone's claiming victory in Thomson Reuters v. Ross. Here's what the Third Circuit decided, and what it left for generative AI. 052
Aaron Moss @copyrightlately.bsky.social · 29/09/2026BREAKING: 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.comSigned, Sealed, Affirmed: Third Circuit Backs Thomson Reuters over ROSSThe 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. 085
Aaron Moss @copyrightlately.bsky.social · 28/09/2026Last 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.comVetter Says Wait. The Supreme Court Shouldn'tCyril 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. 001
Aaron Moss @copyrightlately.bsky.social · 31/08/2026The 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.comFifth Circuit Rejects the Server Test, Then Reinvents ItThe Fifth Circuit rejects the server test for a "transmit requirement": same result for most embedders, plus a new question about permission. 031
Aaron Moss @copyrightlately.bsky.social · 24/08/2026Liam 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.comCopying? Definitely. Infringement? Maybe.Artist Elizabeth Peyton faces a copyright infringement lawsuit over a photographer's image of Oasis brothers Liam and Noel Gallagher. 1139
Aaron Moss @copyrightlately.bsky.social · 18/08/2026A 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.comSo 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. 010
Aaron Moss @copyrightlately.bsky.social · 11/08/2026If I'm understanding, the machine creates an interpolation-a derivative of the original. And the right to make derivative works belongs to the copyright owner. Getting rid of the original wouldn't affect the copyright. It's the alteration theory again, with better equipment. Is that the question? 010
Aaron Moss @copyrightlately.bsky.social · 10/08/2026shout out to @brianlfrye.bsky.social who has a terrific essay on the Zapruder film that I found incredibly helpful as I went down the rabbit hole preparing my article. papers.ssrn.com/sol3/papers....papers.ssrn.com34 Zapruder FilmThe Zapruder film is not only the most important home movie ever made, but also the most thoroughly analyzed 26 seconds of film in existence. Shortly after noon 0122
Aaron Moss @copyrightlately.bsky.social · 10/08/2026New: 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.comInside the Strange Copyright Fight Over America's Most Famous Home MovieSix decades after JFK's assassination, a conspiracy book took aim at the Zapruder copyright. A Dallas judge just decided which claims survive. 25713
Aaron Moss @copyrightlately.bsky.social · 03/08/2026After 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.comAfter 6,000 Romantasy Pages, Judge Hands Crave Plaintiff the BillThe 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. 11910
Aaron Moss @copyrightlately.bsky.social · 20/07/2026A 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.comStudios, Labels and Scholars Say the Fifth Circuit Botched VetterFive new amicus briefs urge the Supreme Court to undo the Fifth Circuit's worldwide-reversion rule, warning it would sow international chaos. 057
Aaron Moss @copyrightlately.bsky.social · 13/07/2026I 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.comWhat's Up With Copyright Lately?: Summer Breeze EditionReaction videos, reggaetón, and a poet's second loss to Taylor Swift. The courts cleared their dockets for summer. Here's what piled up. 052
Aaron Moss @copyrightlately.bsky.social · 22/06/2026Most 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.comDouble 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. 012
Aaron Moss @copyrightlately.bsky.social · 09/06/2026The 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.comKat Von D Tattoo Case Headed for En Banc ReviewThe Ninth Circuit will rehear the photography-meets-tattoo copyright case en banc, putting "total concept and feel" on the chopping block. 031
Aaron Moss @copyrightlately.bsky.social · 08/06/2026Court 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: 020
Aaron Moss @copyrightlately.bsky.social · 08/06/2026There'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.comJudge’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. 000
Aaron Moss @copyrightlately.bsky.social · 01/06/2026Cox 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.comCox and Effect: Why Volitional Conduct Is AI Copyright's Next BattlegroundCox v. Sony is reshaping AI copyright fast. The next fight is volitional conduct—the rule deciding who's liable for what AI models output. 042
Aaron Moss @copyrightlately.bsky.social · 18/05/2026NEW: 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.comHatewatch This Space: Catching Up With Ethan Klein’s Reaction Video LawsuitsOf the three streamers Ethan Klein sued over Content Nuke, only Denims is still fighting—and her fair use motion puts hatewatching on trial. 020
Aaron Moss @copyrightlately.bsky.social · 01/05/2026Here'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.comTenth Circuit Redeems Itself in 'Tiger King' Fair Use CaseA replacement opinion affirms Netflix’s fair use of a one-minute funeral clip—and gives documentary filmmakers a post-Warhol roadmap. 033
Reposted by Aaron MossAaron Moss @copyrightlately.bsky.social · 13/04/2026The 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.comCox v. Sony Music Comes to HollywoodThe 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. 167
Aaron Moss @copyrightlately.bsky.social · 13/04/2026The 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.comCox v. Sony Music Comes to HollywoodThe 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. 167
Aaron Moss @copyrightlately.bsky.social · 10/04/2026Looks like they were reinstated? www.theverge.com/entertainmen...theverge.comA folk musician became a target for AI fakes and a copyright trollMurphy Campbell is at the center of a growing storm around AI and a broken copyright system. 04915
Aaron Moss @copyrightlately.bsky.social · 26/03/2026The 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.comSupreme Court Draws a Hard Line on Contributory Infringement in Cox v. Sony MusicThe Supreme Court just killed fifty years of contributory liability precedent, rewriting the rules for secondary copyright liability. 0134
Aaron Moss @copyrightlately.bsky.social · 23/03/2026A 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.comThis 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. 196
Aaron Moss @copyrightlately.bsky.social · 09/03/2026Thaler is dead. Here are the AI copyright questions it leaves behind. copyrightlately.com/thaler-is-de... #ai #copyright #ip #lawcopyrightlately.comThaler 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. 052
Aaron Moss @copyrightlately.bsky.social · 23/02/2026Tracy 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.comTracy 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. 082
Aaron Moss @copyrightlately.bsky.social · 16/02/2026Seedance 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.comMeet Seedance 2.0, Hollywood’s Newest AI Copyright HeadacheThe entertainment industry's AI copyright claims are strong, but Seedance 2.0 highlights the harder challenge: enforcing them across borders. 063
Aaron Moss @copyrightlately.bsky.social · 20/01/2026The 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.comMondrian 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. 071
Aaron Moss @copyrightlately.bsky.social · 13/01/2026Oh yeah. copyrightlately.com/vetter-resni...copyrightlately.comFifth Circuit Expands Copyright Termination Beyond U.S. BordersA sweeping new ruling holds that U.S. copyright termination and renewal reach worldwide, upending long-settled limits of territoriality. 140
Aaron Moss @copyrightlately.bsky.social · 13/01/2026Attention, 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.comFifth Circuit Expands Copyright Termination Beyond U.S. BordersA sweeping new ruling holds that U.S. copyright termination and renewal reach worldwide, upending long-settled limits of territoriality. 062
Aaron Moss @copyrightlately.bsky.social · 12/01/2026Top 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.comTwo New Top Gun Rulings Map Copyright’s Danger ZoneIssued 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. 042
Aaron Moss @copyrightlately.bsky.social · 05/01/2026That was Jay Maisel - but good reference - I hadn't made the connection even though I've been writing about the Kat Von D case for years. Something about Miles Davis photos I guess... 000
Aaron Moss @copyrightlately.bsky.social · 05/01/2026The 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.comWill 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. 073
Aaron Moss @copyrightlately.bsky.social · 31/12/2025Before 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.comThe 5 Worst Copyright Decisions of 2025From novel legal theories to repeated mistakes, 2025 delivered no shortage of questionable copyright rulings. These five cases led the way. 086
Aaron Moss @copyrightlately.bsky.social · 31/12/2025Public 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.comPublic Domain Day 2026 Is Coming: Here's What to KnowOn 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. 054
Reposted by Aaron MossLawrence Wilkinson @lhwilkinson.bsky.social · 20/12/2025A 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... 061
Aaron Moss @copyrightlately.bsky.social · 08/12/2025Public 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.comPublic Domain Day 2026 Is Coming: Here's What to KnowOn 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. 33726
Aaron Moss @copyrightlately.bsky.social · 27/11/2025As 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.comA Five-Course Feast of Thanksgiving-Themed Copyright CasesIf you like your turkey with a side of copyright infringement, you've come to the right place. 060
Aaron Moss @copyrightlately.bsky.social · 17/11/2025SDNY 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.comCourt Rules AI News Summaries May Infringe CopyrightNews publishers just cleared a key hurdle against Cohere in a copyright fight over AI-generated "substitutive summaries" of their reporting. 0124
Aaron Moss @copyrightlately.bsky.social · 27/10/2025President 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.comCan 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. 033
Aaron Moss @copyrightlately.bsky.social · 21/10/2025well, they did appeal already. The argument may be waived at this point. 010