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AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Google, Inc.

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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

Fair Use 138
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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

The United States District Court for the Southern District of New York (‘District Court’) held that the defendants’ use of the song was fair use and granted the motion to dismiss the claims. On appeal, on 18 May 2021 the US Court of Appeals for the Second Circuit (‘Second Circuit’) upheld the District Court’s decision.

Fair Use 105
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The Battle Over Poker NFTs

Plagiarism Today

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. As for the case itself, it was settled in 2011 with neither side surrendering their position. He was ultimately fined and sentenced to two years probation for it.

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Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use. Nevertheless, the fair use defence remains a gamble for artists and creatives.

Fair Use 105
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Publishers: Internet Archive’s Sales Data Demand is “Burdensome and Irrelevant”

TorrentFreak

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

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Copyright Laws and Fair Dealing: Analysing the Ongoing Dispute Between Dhanush And Nayanthara

IP and Legal Filings

Furthermore, A legal notice had been issued to Nayanthara by Dhanush prior to the usage of the clip, stating the consequence of using the BTS would be a ten-crore lawsuit, which Nayanthara openly neglected by incorporating the said footage in the trailer of the documentary. ” This did not amount to infringement as it was inspired work.