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). Evidence that Goldsmith actually used the work in a particular context. Goldsmith , 598 S. concurring).

Fair Use 105

Fair Use Licensing Art Music 105

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. We’re nearing the end of December, which means it’s time for Copyright Lately ’s annual worst-of list. When Netflix refused to pay up, Cramer sued for copyright infringement.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. and others v.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

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.”

Music 84

Music Copyright Copying Copyright Law 84

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). Evidence that Goldsmith actually used the work in a particular context. Goldsmith , 598 S. ” Id.

Fair Use 52

Fair Use Licensing Art Music 52

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.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

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.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

IP Intelligence

JUNE 6, 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). Evidence that Goldsmith actually used the work in a particular context. Goldsmith , 598 S. concurring).

Fair Use 40

Fair Use Licensing Art Music 40

LexBlog IP

OCTOBER 25, 2023

The question then arises as to whether the fiction writer alone owns the copyright to work drawn in whole or part from another’s writings or experience. Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. If output works infringe copyright, who is responsible (e.g. user, service)?

Copyright 128

Copyright Ownership Social Media Licensing 128

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. The nature of the copyrighted work. 2] Slip op.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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).

Blogging 96

Blogging Copying Social Media Copyright 96

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.

Cease and Desist 91

Cease and Desist Patent Prosecution Trademark Derivative Work 91

SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. Apart from this, the court held that :- (i) copyright infringement hinges on the substantial similarity between competing works.

Copyright 59

Copyright Marketing Marketing Copying 59

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.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

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. The nature of the copyrighted work.

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. The nature of the copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

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.

Blogging 52

Blogging Law IP Fair Use 52

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.

Copyright 134

Copyright Copyright Law Fair Use Law 134

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

AUGUST 18, 2024

Imagine Marketing Ltd. However, owing to the volatile regulatory environment in India, the plaintiff blocked its services in India from 2023 onwards. The plaintiff alleged that despite the injunction, the defendant continued to manufacture, market and sell the camphor products with the impugned trade dress and packaging.

Registering Trademarks 82

Registering Trademarks Trademark Cease and Desist Copyright 82

SpicyIP

OCTOBER 2, 2023

SpicyIP Tidbit: GII 2023 – India Retains its 40th Rank India ranks 40th in the Global Innovation Index, 2023! on 21 September, 2023 (Delhi High Court) Image from here The plaintiff alleged infringement of its suit patents in parts of combined harvester by the defendants. Case Summaries Kubota Corporation v. Defendant no.

Licensing 59

Licensing Trademark Intellectual Property IP 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Likewise, paragraph 47 of Trump’s complaint specifically alleges “President Trump never sought to create a work of joint authorship, and in the hours of the Interviews, there is neither allusion to nor confirmation of such.” Factor four: the effect of the use upon the potential market for or value of the copyrighted work.

Copyright 121

Copyright Blogging Publishing Fair Use 121