Generative AI Case Tracker
Litigation over the use of copyrighted content in generative AI is proliferating.
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Mertzel Law PLLC
Technology, Copyright and Trademark Litigation and Counseling
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Nancy Mertzel
- May 30
- 3 min
Copyright Damages and the Discovery Rule: Warner Chappell v Nealy
The Supreme Court held that there is no time limit on the period for recovery of copyright damages in a timely filed copyright case.
Nancy Mertzel
- Apr 30
- 4 min
Fair Use and Generative AI
A refresher on fair use and key precedents likely to be influential in the pending cases.
Nancy Mertzel
- Feb 29
- 4 min
Is “Trump Too Small” … Registrable? Understanding Trademarks and Free Speech
Read on for an explanation of what you should know about the Court’s anticipated ruling in Vidal v Elste
Nancy Mertzel
- Jan 30
- 3 min
Generative AI and Copyright
Explanation of the key cases and underlying concepts at issue, as well some steps you can take to request that your content be excluded.
Nancy Mertzel
- Jun 29, 2023
- 3 min
Copyright Fair Use After Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith
Last month, the Supreme Court issued its highly anticipated decision in the dispute between photographer Lynn Goldsmith and the Andy Warhol
Nancy Mertzel
- May 26, 2023
- 3 min
What Every Business Owner Should Know About Intellectual Property
Intellectual property, or “IP,” can be one of the most valuable assets of a business. Identifying and protecting your IP is essential.
Nancy Mertzel
- Jan 27, 2023
- 3 min
Artificial Intelligence and Copyright Law: From Monkey Selfies to ChatGPT
discussion of how artificial intelligence is testing the bounds of intellectual property law.
Nancy Mertzel
- Nov 10, 2022
- 1 min
Mertzel Law Amongst the Best Law Firms in America
Mertzel Law was selected for inclusion in the 2023 edition of Best Law Firms in America. The firm has been included since 2022. Nancy has...
Nancy Mertzel
- Nov 10, 2022
- 2 min
Case to Watch: ML Genius v Google
Copyright Preemption – State vs. Federal Law What is Copyright Preemption? The Supreme Court is considering whether to accept an appeal...
Nancy Mertzel
- Jun 29, 2022
- 2 min
Supreme Court: When Is a Derivative Work a Transformative Fair Use?
Fair use is probably the most-mentioned, but least-understood, aspect of copyright. It's challenging to predict the outcome in fair use ...
Nancy Mertzel
- Apr 18, 2022
- 3 min
Strategies for Combating Counterfeiting
Counterfeiting continues to be a serious problem for United States businesses. While concrete numbers are difficult to obtain, a Library...
Nancy Mertzel
- Feb 28, 2022
- 3 min
The Truth About Copyright, Copies and NFTs
NFTs are regularly featured in the press, with reports of individual NFTs selling for tens of millions of dollars.
Nancy Mertzel
- May 26, 2021
- 5 min
Fair Use Implications from the Supreme Court's
After more than a decade of litigation, the epic battle over the Java API has come to an end with an April 2021 ruling by the United States
Nancy Mertzel
- Apr 26, 2021
- 4 min
Two Important Changes to Trademark and Copyright Laws:
Two recently enacted statutes, the Trademark Modernization Act of 2020 (TMA) and the Copyright Alternative in Small-Claims Enforcement (CASE
Nancy Mertzel
- May 14, 2020
- 1 min
Strategies for Avoiding and Responding to Copyright Troll Litigation
The New York Law Journal published my article, Strategies for Avoiding and Responding to Copyright Troll Litigation. (This is an expanded...
Nancy Mertzel
- Jan 30, 2020
- 2 min
Copyright Troll Litigation: How to Avoid It and What to Do if You Get Sued
An important development in copyright litigation over the past few years is the dramatic increase in so-called “troll” cases. For...
Nancy Mertzel
- Dec 10, 2019
- 1 min
Nancy’s First Video Lecture on Copyright
At the request of professor and author Barry Alan Perlus, Nancy recorded a video lecture on copyright for an eCornell Digital Photography...
Nancy Mertzel
- Jul 10, 2019
- 2 min
Summer Reading Prime: How to Avoid Buying Counterfeit Books on Amazon
As you prepare for your summer vacation, you may be stocking up on sunscreen, electronics and books for summer reading, both professional...
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