Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? Figure 1 – Microsoft Copilot reproducing an excerpt of a copyright-protected work. the third criterion).

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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 s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op. 3] Slip op.

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SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 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.

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Kluwer Copyright Blog

JULY 24, 2024

Our pilot empirical work in January-March 2023 mapped ToS across a representative sample of 13 generative AI providers, drawn from across the globe and including small providers as well as the large globally well-known firms such as Google and OpenAI. If output works infringe copyright, who is responsible (e.g.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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TorrentFreak

JULY 14, 2024

However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.

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BYU Copyright Blog

MAY 20, 2024

Post University claimed that Course Hero committed, among other things, multiple instances of copyright infringement, trademark infringement, violation of the DMCA, and unfair competition by posting and creating derivative works of educational materials owned by Post University without Post University's permission.

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LexBlog IP

FEBRUARY 15, 2024

OpenAI, Inc. , [1] a putative class action filed on behalf of a group of authors alleging that OpenAI infringed their copyrighted literary works by using them to train ChatGPT. [2] 2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

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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. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Velocity of Content

MARCH 16, 2023

Transformative use” is not mentioned in Section 107 of the Copyright Act but has been read into the first of four fair use factors. If you are confused by the difference between transformation that excuses infringement and transformation that is the exclusive right of the creator, welcome to my world.

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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP. billion today, only to grow manifold.

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Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

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LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority. Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. (Or in this case, Orange.) Goldsmith et al. ,

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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 OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

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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. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

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LexBlog IP

DECEMBER 19, 2023

This second part of our four-part series on using synthetic data to train AI models explores how the use of synthetic data training sets may mitigate copyright infringement risks under EU law. court has held that a work “autonomously generated by an AI system” without human involvement is not protectible by copyright.

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Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Von Drachenberg is currently scheduled for September 18, 2023. Fifteen minutes of fame, meet permanent ink. Just because one is on canvas and one is on skin does not change the purpose.”

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Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

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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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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 ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith , 598 U.S. _ (2023). [2] 2] 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 ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op.

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LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. 4] “The larger the difference, the more likely the.

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IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. University Tutorial Press was sued by the plaintiff, University of London Press, for copyright infringement. It was written with a distinct style and message.

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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 sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

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LexBlog IP

JUNE 7, 2023

GitHub in the Context of Other Generative AI Lawsuits and the Implications for the Future of Generative AI This suit against GitHub’s Copilot is just one of many copyright-related lawsuits brought against makers of different generative AI systems. Stability AI Ltd. et al , No. Stability AI Ltd. et al , No. Stability AI, Inc. ,

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BYU Copyright Blog

OCTOBER 7, 2024

On June 1, 2020, the Publishers sued IA and five other defendants in the Southern District of New York for copyright infringement involving 127 books that had been scanned and made available to the public through IAs Open Library project under a theory of controlled digital lending.

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SpicyIP

NOVEMBER 16, 2023

Despite SC orders (for eg here ) that courts should be extremely cautious while granting ex-parte interim injunctions, it appears that the original injunction was granted without asking for any evidence to show it is unique in the market, or without even specifying what exactly the claimed copyright in the GUI covers! Modak case.,

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LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Goldsmith counterclaimed for copyright infringement.

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IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] 10 GNLU J.L.

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LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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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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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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