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

IIPRD

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect.

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How Fair Use Favors OpenAI in the ANI Lawsuit

IP and Legal Filings

Thus, a defense that has the Fair Use Principle at its bedrock, in order to be an acceptable defense, must prove the existence of these factors in its favor, namely, the purpose and character of Use, the nature of copyrighted work, the amount and substantiality of the portion used and the effect of Use upon potential markets. [1]

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HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

In another public domain case from 2015, Netflix was sued for copyright infringement, because the Plaintiff film distributor asserted that while the Italian film “The Bicycle Thief” was in the public domain, the subtitled version of “The Bicycle Thief” was not in the public domain. [7] 22, 2015), [link]. [8] 21, 2020), [link]. [3]

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Public Domain Day 2023 is Coming: Here’s What to Know

Copyright Lately

At the same time, those aspects of the character’s evolution that don’t appear until later works may still be eligible for copyright protection. While later iterations of a character may be protected, you can’t bootstrap the copyright in a derivative work to extend protection on the original work.

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

JIPL Online

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

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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 Tips Industries Ltd.

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

Patently-O

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. 4) Relatedly, the hostility that the FTC Comments express in relation to indemnification is puzzling.