TorrentFreak

FEBRUARY 15, 2024

Claims that recording amounted to fair use were brushed aside, not least since the service actually recorded everything behind the scenes, contrary to customers’ belief that any recordings played back via the service were unique to them. domain and later through a.com variant.

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Velocity of Content

DECEMBER 6, 2023

Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use? law has no specific rules governing the use of copyrighted materials to train AI. Rather, such uses fall under the general copyright regime. TVEyes, Inc., 3d 169 (2d Cir. Google, Inc. 3d 132 (2d Cir.

Copyright 98

Copyright Fair Use Licensing Copying 98

Patently-O

AUGUST 31, 2021

The software at issue here is most aptly described as a programming language that consists of a set of functions & options that the plaintiff calls “input formats” used to produce formatted reports. 702 (2015). In addition, SAS argues that the formatting of the reports is also copyrighted. 1821 (2013). 621 (2019).

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IP and Legal Filings

JUNE 29, 2024

Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc. It usually entails review, commentary, satire, comedy, criticism over the original work.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

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.

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Copyright Fair Use Copyright Law Copyright Infringement 96

Copyright Lately

OCTOBER 24, 2022

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition.

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Artwork Copyright Infringement Copyright Art 91

Intepat

FEBRUARY 3, 2025

In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. This brings us to an important question: Can fanfiction be considered fair use under Indian copyright law? What is Fair Use (or Fair Dealing) in India?

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Intellectual Property Copyright Law Copyright Law 52

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. It creates ‘Secure Distribution’ of content which generally use encryption and digital watermarks (Pandey).

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Ownership Copyright Fair Use Intellectual Property 52

JIPL Online

APRIL 9, 2021

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. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 8, 2015), [link]. 511, 523 (2012). viii] See, e.g., Lee J. Int’l Com.

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Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

DECEMBER 18, 2023

As for intent, while MiTek did use some names identical to those first used by Simpson, “the Court is not persuaded that MiTek did so with the intent to confuse the relevant audience, but rather because the names described well the connector at issue.” California UCL: same. But it doesn’t matter.

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False Advertising Advertising Advertising Copyright 64

The IPKat

OCTOBER 18, 2021

The reform process led to the production of a Draft Copyright Bill (DCB), which was open for comments sometime in 2015 by the Nigeria Copyright Commission (NCC), to repeal the extant Act and re-enact a new Act in Nigeria. The extant Copyright Act was enacted in 1988, with some amendments in the early and late 90s.

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Copyright Copyright Law Licensing Government 62

Copyright Lately

DECEMBER 28, 2022

” But in McGucken , the court denied summary judgment, not only as to the server test, but on Newsweek’s implied license and fair use defenses too. In 2015, Morford posted “Banana and Orange” to his Facebook page, where it was “liked” by all of five people. Breitbart became the first S.D.N.Y.

Copyright 88

Copyright Art Licensing Social Media 88

LexBlog IP

JANUARY 5, 2022

973,] 980 [(2015) ]; [Pascal] Chapdelaine, [The Property Attributes of Copyright,] 10 Buff. 339, 347 (1908) (recognizing that copyright “is an exclusive right to the multiplication of the copies, for the benefit of the author or his assigns, disconnected from the plate, or any other physical existence. Nation Enters.,

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Intellectual Property Government Invention Copyright 52

Velocity of Content

JANUARY 7, 2025

The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. While LLMs are a significant and new technology and may be capable of multiple non-infringing uses, not every use of them with copyrighted material is transformative.

Copyright 52

Copyright Licensing Fair Use Journalism 52

IP Intelligence

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.” (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. Goldsmith , 598 S.

Fair Use 105

Fair Use Licensing Art Music 105

Velocity of Content

DECEMBER 4, 2024

14 It can be argued that the massive copying of protected works to train and fine-tune LLMs constitutes a significant market for licensing, a matter to which the article returns below. The canon, however, “cannot be used to ‘obscure and defeat the intent and purpose of Congress’ or ‘render general words meaningless.’” & Tech.

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Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 13, 2022

In 2015, the Program on Information Justice and Intellectual Property (PIJIP) set out to conduct empirical research on the impact of copyright exceptions. We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. Personal or Private Uses.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

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).

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Fair Use Licensing Art Music 40

Copyright Lately

MAY 21, 2021

Rachel Dolezal, who now goes by the name Nkechi Diallo, became the subject of intense public scrutiny back in 2015 after it was revealed that she lied for years about being black. Dolezal claims that the CBS-owned website ETonline.com infringed the photo by reproducing it without permission in a June 2015 article about the controversy.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

Kluwer Copyright Blog

JANUARY 15, 2024

It sought public views on various copyright enforcement challenges, including industry-led enforcement mechanisms, the website blocking scheme that was introduced in Australia in 2015, a statutory safe harbour and notice and take-down scheme, access to courts in copyright disputes, especially small ones, and remedies for copyright infringements.

Copyright 72

Copyright Government Fair Use Copyright Law 72

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. The music industry has already fired a shot about the new TDM exception.

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Law Licensing Publishing Intellectual Property 116

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. ’ Piccone v. Bartels , 785 F.3d

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

The IPKat

MARCH 24, 2024

This has created a market where the distinction between inspiration (homage=good) and copying (theft=bad) is sometimes difficult to apply. for private use) and selling customized watches directly to customers on a larger scale.

IP 71

IP Marketing Marketing Reporting 71

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Also purpose as a consideration in finding infringement. Underutilized because of risk tolerances.

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Copyright Licensing Fair Use Contracts 45

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Many of these issues on the trademark side could be addressed in the Jack Daniels matter if the US Supreme Court grants cert. According to the cert. ’” Cert.

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Fair Use Trademark Moral Rights Law 52

SpicyIP

NOVEMBER 20, 2024

Open AI also released an open letter on 8 th January 2024, stating: “Training is fair use, but we provide an opt-out because it’s the right thing to do. Training AI models using publicly available internet materials is fair use, as supported by long-standing and widely accepted precedents.

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Fair Use Marketing Marketing Copyright 104

SpicyIP

FEBRUARY 10, 2025

Without such protection, others could start competing businesses by merely copying the articles without investing in news gathering, editing and other tasks related to producing a publication. Unlike in India, copyright laws in the US, European Union and Singapore have provisions to respond to new technologies such as AI training.

Copyright 64

Copyright Copyright Law Fair Use Copyright Infringement 64

The IPKat

JANUARY 9, 2025

Thus, it is generally claimed that one does not need an exception, nor a licence, to copy the style of a certain work. The recent trend, adopted by the art community, of bringing copyright infringement claims against AI companies due to imitating or mimicking the artistic styles of the training data, and raising fair use (e.g.,

Copyright Law 63

Copyright Law Copyright Public Domain Law 63

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

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Copyright Blogging Publishing Fair Use 131