Copyright Litigation David Sergenian Copyright Litigation David Sergenian

The U.S. Supreme Court Reverses a $1 Billion Copyright Verdict and, Arguably, Renders the DMCA Safe Harbor Obsolete

The Supreme Court unanimously reversed a $1 billion copyright verdict against Cox Communications, holding that an ISP is not contributorily liable for its subscribers’ infringement merely because it continues to serve known infringers. The decision also may have rendered the DMCA safe harbor obsolete.

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AI Litigation, Copyright Litigation David Sergenian AI Litigation, Copyright Litigation David Sergenian

Gracenote Sues OpenAI, and the Evidence Is in the Database Schema

Gracenote sues OpenAI for copying not just its media metadata, but the proprietary relational framework that organizes it. The complaint deploys established compilation copyright doctrine in a new context: as evidence that OpenAI's models encoded the protectable structure of a curated database, not just the data values.

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Copyright Litigation, AI Litigation David Sergenian Copyright Litigation, AI Litigation David Sergenian

Disney Files a Blockbuster Complaint Against Midjourney

On June 11, 2025, the mouse (Disney Enterprises), along with co-plaintiffs Marvel Characters, Lucasfilm, Twentieth Century Fox Film Corporation, Universal City Studios, and DreamWorks Animation, filed a lawsuit for copyright infringement against AI image  generator Midjourney, Inc. in the United States District Court for the Central District of California. Disney Enterprises, Inc., et al. v. Midjourney, Inc.; C.D. Cal. Case No. 2:25-cv-05275.

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Copyright Litigation David Sergenian Copyright Litigation David Sergenian

The Ninth Circuit Finds that the Ford Mustangs Named “Eleanor” from the Gone in 60 Seconds Films Are Not Copyrightable Characters

In a blow to the owners of the rights to the film Gone in 60 Seconds, the Ninth Circuit Court of Appeals has held that “Eleanor”—the series of Ford Mustangs featured in the film franchise—is not a character entitled to copyright protection. The May 27, 2025, decision in Carroll Shelby Licensing, Inc. v. Halicki, 2025 U.S. App. LEXIS 12766, F.4th (9th Cir. 2025), clarifies the high bar for a fictional “character” to be independently copyrightable, particularly when that character is an inanimate object.

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