SpicyIP

FEBRUARY 3, 2025

Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data? Is training of GenAI models fair use? Read the second part of Bharathwaj Ramakrishnans post on the ANI vs OpenAI Copyright Litigation, analysing the issues framed by the Delhi HC.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

Velocity of Content

DECEMBER 4, 2024

The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyright law. An amendment to the copyright statute is only one of them.

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

Fair Use 90

Fair Use Design Designs Licensing 90

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. 1821 (2013). Landes & Richard A.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

SpicyIP

OCTOBER 11, 2021

As such intermediary liability for copyright continues to exist a strange twilight zone of ambiguity despite a recent revamp of rules for social media and other online intermediaries.

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

The IPKat

FEBRUARY 3, 2023

It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

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Government Related Rights Copyright Law 141

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use.

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Copyright Infringement Editing Copyright Artistic Work 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Likelihood of Confusion

JUNE 18, 2024

Originally posted 2013-11-06 15:06:53.

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Blogging Fair Use Copyright Law Law 52

SpicyIP

JUNE 26, 2024

Notably, WIPO had adopted the Marrakesh Treaty in 2013 to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The Treaty represented a significant step towards making books available to everyone in accessible formats such as Braille, audio or large print.

Copyright 81

Copyright Copying Publishing Cinema 81

Intepat

SEPTEMBER 27, 2024

In March 2013, over 309 renowned authors and academics from around the world wrote to the publishers, urging them to withdraw the lawsuit. The University of Delhi supported the defendant’s position, arguing that the Berne Convention and the TRIPS Agreement allowed for exceptions in copyright law for educational institutions.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

IP and Legal Filings

JANUARY 13, 2023

In this sense, a coherent theory of the use of de minimis will go a long way in efficient disposal of such cases. DE MINIMIS IN COPYRIGHT LAW. De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. As Yogesh Byadwal’s most recent post on this topic made me think.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” 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. Bottom Line.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Traverse Legal Blog

OCTOBER 24, 2024

California’s statutory Right of Publicity “requires a plaintiff to prove all the elements of the common law action plus a knowing use by defendant as well as a direct connection between the alleged use and the commercial purpose.” 4th 677, 685 (2013). 3d 1268, 1273 n. 4 (9th Cir. Sony Music Entm’t, Inc. ,

Social Media 98

Social Media Copyright Infringement Copyright Law 98

JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

Art 52

Art Copyright Law Fair Use Copyright 52

Copyright Lately

SEPTEMBER 20, 2024

But don’t call it copyright infringement—at least not in the case of Miley Cyrus’s 2023 smash hit “Flowers,” which is a thinly-veiled rejoinder to the 2013 Bruno Mars song “When I Was Your Man.” ” That hasn’t stopped Tempo Music Investments from planting a lawsuit anyway.

Copyright 119

Copyright Music Fair Use Art 119

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Is fair use/fair dealing the answer?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. “The Conjuring” (2013). The 13 spookiest, Halloweeniest copyright cases that I could think of. Warner Bros.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. 1073 (2019). John’s River Water Mgmt. District , 133 S.Ct.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

JANUARY 27, 2024

Without further ado, here’s what I found in Decembers: Rahul Cherian’s Legacy regarding Copyright Disability Exceptions: The name Rahul Cherian remains etched in the annals of Indian IP law, celebrated for his unwavering commitment to promoting access to copyrighted works. As noted in Prof. See also Swaraj’s post on this.

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IP Licensing Copyright Blogging 64