The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. OpenAI, Inc.

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Derivative Work Copying Copyright Infringement Copyright 112

Kluwer Copyright Blog

SEPTEMBER 11, 2023

EU (CDSM arts 3-4; obligation concerning sufficiently detailed summary in June 2023 draft of AI Act) d. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? Impact of Warhol, esp for GenAI) b. Fair dealing c. Japan (Art.

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The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The amount and substantiality of the portion used in relation to the copyrighted work. The effect upon the potential market for or value of the copyrighted work. [8]

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 98

Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Patently-O

SEPTEMBER 1, 2023

In particular, an approach that does not store or actually copy the underlying works would be less likely to be be infringing. In building the training model, we often have copying of works without license, and so the key inquiry under current law appears to be the extent that fair use applies to protect the AI system generators.

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Copyright Copying Derivative Work Licensing 94

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. Case 1- Doe 1 v. GitHub Inc., Ltd, et al.-

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Litigation Fair Use Copying Derivative Work 98

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Other than a brief period in 2020, the Archive maintained a one-to-one ratio of books owned by it in physical copies and made available digitally for users through its free digital library. billion today, only to grow manifold.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

TorrentFreak

JULY 14, 2024

In the belief that the curriculum contains information supportive of the group’s cause and in the wider public interest, it’s alleged that Parrish set out to obtain a copy. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” Parrish does not support LifeWise’s mission.”

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Copyright Licensing Fair Use Derivative Work 128

Patently-O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. 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.

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Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” 2023 WL 3449131 at *1 (N.D. May 11, 2023). 22-cv-7074-JST, ECF No. GitHub, Inc.

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Kluwer Copyright Blog

SEPTEMBER 18, 2024

Between 25 August 2023 and 13 November 2023, 119 responses were received from 134 universities contacted. Is the student’s work derived from the copyright-protected work? A slightly more challenging issue is to establish a causal connection between the original work and the student’s derivative work (i.e.,

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Copyright Higher Education Copyright Infringement Ownership 123

Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 91

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model.

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Music Copyright Copying Copyright Law 85

LexBlog IP

FEBRUARY 15, 2024

The court rejected the conclusory assertion that every output of ChatGPT is an infringing derivative work, finding that plaintiffs had failed to allege “what the outputs entail or allege that any particular output is substantially similar – or similar at all – to [plaintiffs’] books.” 7, 2023). [3]

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Copyright Infringement Derivative Work Copyright Copyright Notice 52

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

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Blogging Copying Social Media Copyright 98

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. OpenAI, Inc.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

OCTOBER 26, 2023

Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement by OpenAI—and arguing that “substantial similarity” is irrelevant because OpenAI copied their works wholesale, without permission, in order to make ChatGPT work.

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Copying Derivative Work Copyright Copyright Infringement 52

LexBlog IP

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

Public Domain 52

Public Domain Copyright Copying Registration 52

LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). In a narrower sense, a use may be justified because copying is reasonably necessary to achieve the user’s new purpose.” “Such licenses, for photographs or derivatives of them, are how photographers like Goldsmith make a living.

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Fair Use Derivative Work Art Licensing 52

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op. 3] Slip op.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op. 3] Slip op.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

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Blogging Law IP Fair Use 52

BYU Copyright Blog

OCTOBER 7, 2024

After the District Court's ruling on March 24, 2023, which held IA liable for copyright infringement, IA appealed the decision. The court found IAs use to be nontransformative, primarily because simply scanning the books did not add any expressive transformation that would make the copies more than mere derivatives.

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Fair Use Copying Publishing Licensing 40

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. ” [17] On May 18, 2023, in a decision penned by Justice Sotomayor, the U.S.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

JUNE 7, 2023

In January 2023, the same lawyers who brought the class action suit against Copilot on behalf of the Doe plaintiffs filed a complaint in the Northern District of California ( Andersen v. Getty Images filed a similar lawsuit in January 2023 in the UK High Court and in February 2023 in the District of Delaware ( Getty Images (US), Inc.

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Licensing Copyright Notice Copyright Privacy 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). 3] Credit for the prompt goes to Professor Thomas Margoni.

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Copyright Copyright Law Fair Use Law 136

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. The SB then assessed whether Hulm Entertainment’s GUI can be protected as a work in itself.

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IP Intelligence

JUNE 7, 2023

1258, (2023). But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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Fair Use Licensing Art Music 105

LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. This strategy sidestepped larger questions regarding whether the creation of the Prince Series itself or the display or sale of those works qualify as fair use, which AWF had urged the Court to consider. for Visual Arts, Inc.

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Fair Use Licensing Copyright Editing 52

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Campbell v. Gannett Co., 4:21-00557-CV-RK (W.D.

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Advertising Advertising Copyright Infringement Publishing 59

LexBlog IP

AUGUST 23, 2023

.” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., ’” Id.

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LexBlog IP

JUNE 7, 2023

1258, (2023). But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

1258, (2023). But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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Fair Use Licensing Art Music 40