Not Just AI: Traditional Copyright Decisions of 2025 That Should Be on Your Radar
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Not Just AI: Traditional Copyright Decisions of 2025 That Should Be on Your Radar
"In a year dominated by artificial intelligence (AI) copyright cases, 2025 also featured several influential cases on traditional copyright issues that will impact copyright owners, internet service providers, website owners, advertisers, social media users, media companies, and many others. Although the U.S. Supreme Court did not decide a copyright case this year, it heard argument on secondary liability and willfulness issues in Cox v. Sony."
"The most prominent copyright case from 2025 could redefine the contours of secondary liability and willfulness under the Copyright Act. In Cox Communications, Inc. v. Sony Music Entertainment, a group of music companies sued Cox for contributory and vicarious infringement based on its alleged failure to implement a reasonable policy to terminate repeat infringers. After a jury found Cox liable and awarded the music companies roughly $1 billion,"
2025 featured prominent copyright litigation in AI-related and traditional areas, with implications for copyright owners, ISPs, website operators, advertisers, social media users, and media companies. The U.S. Supreme Court heard arguments in Cox v. Sony on secondary liability and willfulness. Lower courts continued to apply fair use factors following Warhol v. Goldsmith. Courts remain divided over whether the "server test" governs embedded works. The Ninth Circuit refined pleading standards for access to online works. In Cox, music companies alleged contributory and vicarious infringement by Cox; a jury awarded roughly $1 billion, and the Fourth Circuit affirmed willful contributory infringement while remanding damages.
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