Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Intepat

APRIL 23, 2021

Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005. Java owned by Sun Microsystems was later acquired by Oracle in 2009. And held that Android was using APIs and was using them commercially.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

The IPKat

FEBRUARY 3, 2023

This said, different contractual conditions and policies were found leading to uncertainty and, as a result, giving rise to transaction costs. In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead.

Government 141

Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 52

Fair Use Copyright Licensing Copying 52

IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Napster, Inc.,

Art 52

Art IP Intellectual Property Copyright 52

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

Fair Use 40

Fair Use Licensing Art Music 40

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. The OTW’s nonprofit, volunteer-operated website hosting transformative noncommercial works, the Archive of Our Own, was launched in late 2009.

Copyright 45

Copyright Fair Use Music Licensing 45

LexBlog IP

AUGUST 31, 2022

’ [Simon Carty, Review Of The Defamation Act 2009 ]. Conversely, in Ireland, the Defamation Act 2009 did not expressly provide a “defence in the act of artistic expression, certainly no defence for comedic output or satiric commentary,” according to Simon Carty. According to the cert. ’” Cert.

Fair Use 52

Fair Use Trademark Moral Rights Law 52