Remove 2015 Remove Copying Remove Derivative Work
article thumbnail

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

IIPRD

Such databases may include work that is copyrighted. 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. 2015) [1] is one of the most cited cases in this context. 2015) [2] Andy Warhol Foundation for the Visual Arts, Inc.

article thumbnail

How Fair Use Favors OpenAI in the ANI Lawsuit

IP and Legal Filings

This principle means that as long as the copy of the copyrighted content is within its fair use, it is classified as an exception and meets legal standards. 1] This article aims to prove how the alleged copying fits within Fair Use by assessing these four factors to render OpenAIs challenge devoid of merit. Google, Inc.,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19]

article thumbnail

The FTC’s Misguided Comments on Copyright Office Generative AI Questions

Patently-O

so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. The FTC Comments do not explicitly refer to or analyze the substantial body of court decisions holding that a range of non-expressive uses of copyrighted works are fair uses.

article thumbnail

Copyright Law and Fanfiction: Navigating the Intersection of Creativity and Intellectual Property

Intepat

Since fanfiction often uses parts of these original works, its seen as a “derivative work”, which means it’s based on something already created. According to Section 14 of the Act, you usually need permission from the original creator to write derivative works. In Shemaroo Entertainment Ltd.

article thumbnail

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 8, 2015), [link]. [vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J. Memetic Marketing in the Digital Age , 7 Geo. Minc Law (Sept. 21, 2021).

article thumbnail

The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’

IP and Legal Filings

the Hon’ble Kerala High Court upheld these conditions and further laid down three conditions: (i) The amount and value of the matter copied for the purposes of comment or criticism; (ii) The purpose behind taking the same; The likelihood of competition between the works. [11] Varsha Productions, 2015 SCC OnLine Mad 158. [7]