The IPKat

NOVEMBER 22, 2023

They are trained on large volumes of data in multiple steps including copyright protected works used with or without the permission of the creator or appropriate licenses. Do LLMs Infringe Copyright? The committee explored the question of infringement of copyright by LLMs.

Intellectual Property 95

Intellectual Property Copyright Fair Use Government 95

Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

Ownership 67

Ownership Licensing Copyright Fair Use 67

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

Music 98

Music Art Licensing Copyright 98

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. licenses for specific uses). 7(1) and art.

Copyright 115

Copyright Art Licensing Contracts 115

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). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers.

Fair Use 105

Fair Use Licensing Art Music 105

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The government has until 31 October 2023 to respond to these recommendations.

Copyright Law 69

Copyright Law Law Copyright Copying 69

SpicyIP

JUNE 25, 2024

This case, which has seen several significant rulings over the years, primarily addressed the applicability of statutory licensing vis-a-vis streaming or internet broadcasting. a popular online music streaming service, believed it could also enjoy these statutory licenses under the umbrella of being a “broadcasting organisation”.

Copyright 45

Copyright Settlement Television Music 45

The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. Reforms of the streaming market have been taking place in the UK, which discusses an equitable remuneration right for streaming.

Music 77

Music Copyright Art Copyright Law 77

Technology & Marketing Law Blog

MAY 13, 2024

In November 2023, X corp. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. As legal commentators have observed for decades, the question is often teed up where, as here, state-law claims draw upon a standard form contract. Bright Data at 21.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. In other words, alleging infringement by making copies for training purposes, even where the competing product does not itself display the copyrighted content, states an actionable claim.

Litigation 98

Litigation Fair Use Copying Derivative Work 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. First of all, in terms of copyright, to reiterate our very clearly articulated position. copyright law really doesn’t seem to give UMG a ton of options. year over year to $2.71

Music 84

Music Copyright Copying Copyright Law 84

The IPKat

OCTOBER 3, 2022

In part two of Bird & Bird's DSM Directive webinar series, there will be voices from different markets, including the UK, Italy, Denmark and the Netherlands. The conference aims to provide some critical thinking concerning the present and future of copyright flexibilities in European copyright law and their evolutionary paths.

Registration 61

Registration Intellectual Property IP Copyright 61

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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Blogging 93

Blogging Contracts Copyright Law Copyright 93

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. More from our authors: Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93

Copyright Law 142

Copyright Law Copyright Law Government 142

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). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023). On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos.

Blogging 96

Blogging Copying Social Media Copyright 96

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

Marketing 106

Marketing Marketing Copyright Copyright Law 106

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). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers.

Fair Use 40

Fair Use Licensing Art Music 40

IIPRD

APRIL 13, 2023

In actuality, India is not required under the TRIPs agreement to make all copyright violations crimes. The terms “piracy” and “copyright infringement” are separate. While every instance of “piracy” constitutes a violation of copyright laws, not all violations do so.

IP 52

IP Copyright Infringement Copyright Government 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 13, 2023

.’ Setting the Scene Much ink has been spilled on the legal discourse surrounding generative AI (GenAI) and copyright. In this post, the focus is on the unlicensed use of copyright-protected works in the context of training GenAI models, where such use could jeopardise the market for those particular expressions (see Sobel ).

Copyright 49

Copyright IP Music Licensing 49

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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

The IP Law Blog

AUGUST 17, 2023

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v.

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

TorrentFreak

JULY 23, 2023

We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers. Note: The responses below were received in 2023. Our system can understand how many active sessions a given license has at a given moment in time. Trust.Zone is under Seychelles jurisdiction.

Privacy 135

Privacy IP Technology Reporting 135

Copyright Lately

DECEMBER 4, 2023

has been sucking up so much media oxygen that we risk overlooking hundreds of other prominent creative works that will become copyright-free when the clock strikes twelve on December 31, 2023. copyright lapse for A. The composition was properly registered and renewed, and will expire at the end of 2023 (95 year term).

Public Domain 117

Public Domain Music Copyright Publishing 117

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 2023 WL 3449131 at *1 (N.D.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

Intepat

NOVEMBER 2, 2023

Key takeaways encompassed the illumination of India’s thriving innovation ecosystem, the accentuation of dialogues within the WIPO Tech Access Platform on voluntary licensing arrangements, and the recognition of India’s ambitions to revamp its IP framework for more efficiency. Stay tuned for updates on Day 2 of the Conference.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Condé Nast paid $400 for the license, which specified “No other usage right granted.”

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

43(B)log

APRIL 7, 2023

17 rules of required licensing—there’s direct liability if you’re unlicensed, but you can decrease the risks by using filtering to police the borders of your licensing deals. Or music service that has licensed content and user-uploaded content: what is the platform part? Licensed content moderation solutions from third parties?

Copyright Law 40

Copyright Law Law Copyright Art 40

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

MARCH 29, 2023

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. The respondent did not respond then, and the CCB sent a notice on January 11, 2023. Oppenheimer v.

Blogging 97

Blogging Fair Use Copyright Copyright Notice 97

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP 112

IP Copyright Trademark Intellectual Property 112

Kluwer Copyright Blog

FEBRUARY 8, 2024

As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

Publishing 123

Publishing Contracts Art Copyright 123

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