3 Count: Floor Plan Appeal

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1: Architectural Firm Secures Revival of Infringement Claims Over Home Designs Used in Development

First off today, Saurabh Kashyap at VitalLaw reports that the Fifth Circuit Court of Appeals has revived a copyright infringement claim over architectural plans, sending it back to the lower court for further proceedings.

The case pits plaintiff Kipp Flores Architects (KFA) against three defendants it accused of infringing on three residential floor plans and related materials. The lawsuit came after a licensing agreement between the parties fell apart when KFA says the defendants failed to comply with the terms of the agreement. To that end, KFA made two arguments, one involving direct infringement of the plans themselves and the other involving Digital Millennium Copyright Act (DMCA) violations for removing copyright management information (CMI).

The defendants had successfully gotten the case dismissed. On the copyright claim, they argued the plans were covered by an exemption that allows others to photograph previously constructed buildings. They also argued that the DMCA claims did not apply as the files they received did not contain the desired CMI. KFA got the copyright claim revived, with the appeals court finding that the dismissal of the copyright claim was premature. It further added that the burden of proof was on the defendants, not KFA, in that matter. However, the appeals court upheld the DMCA dismissal, saying that contract language cannot override the written law.

2: WikiHow Sues OpenAI for Copyright Infringement Over AI Training

Next up today, Blake Brittain at Reuters reports that the site WikiHow has become the latest to sue OpenAI for alleged copyright infringement.

WikiHow is a website that features tutorials on a wide range of topics. However, the company alleges that OpenAl has been using its content for the purpose of training its AI models. As such, WikiHow alleges that OpenAI has committed copyright infringement and that some prompts will cause OpenAI’s AI models to generate content that is nearly identical to WikiHow’s content.

The lawsuit seeks unspecified damages and injunctive relief. OpenAI continues to assert that its AI training is fair use.

3: Sony Music Sues Ralphs Parent Kroger Over Alleged Copyright Infringement in Social Media Ads

Finally today, Mandy Dalugdug at Music Business Worldwide reports that Sony Music Entertainment has filed a copyright infringement lawsuit against Kroger, the parent company of several grocery store chains, alleging that the company infringed on their songs by using them in commercial social media posts.

According to the lawsuit, Sony has identified at least 392 different unauthorized uses of its music on various social media platforms. The lawsuit goes on to add that Kroger had entered into at least 14 separate agreements with Sony, up until 2025, indicating that Kroger was aware that it needed a license to use Sony’s music.

In addition to the Kroger chain itself, Kroger also owns Ralphs, Mariano’s and Harris Teeter among others. The lawsuit is the latest in a series of similar cases filed by music industry giants against companies who use their music on social media without permission.

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