Kluwer Copyright Blog

JANUARY 16, 2024

Image via Pixabay The two US class actions against Meta We have previously analysed US class actions against Open AI ( here ) and Google ( here ) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini.

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TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement. Acuff-Rose Music, Inc.

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Kluwer Copyright Blog

SEPTEMBER 18, 2024

The ability for students to complete parts of their curriculum by means of automated tools has caused unease in academic communities in light of the growing inability to properly distinguish between honest student work and AI-generated submissions. I. GenAI at odds with copyright law?

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JD Supra Law

FEBRUARY 9, 2024

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. 2023 WL 8039640 (N.D. 20, 2023) (commonly referred to as Silverman v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools. By: Farella Braun + Martel LLP

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LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph.

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Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. user, service)?

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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. Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid. In JBrick, LLC v.

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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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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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Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. EU (CDSM arts 3-4; obligation concerning sufficiently detailed summary in June 2023 draft of AI Act) d.

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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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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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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel.

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The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Wal-Street.com, LLC , required the dismissal of VHT’s infringement claims since the Copyright Office had not completed the registration process for VHT’s images at the time VHT filed suit. Zillow Group, Inc., VHT did apply for registration prior to filing the lawsuit.)

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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 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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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.

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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. Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid. In JBrick, LLC v.

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LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. 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”).

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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

JUNE 27, 2022

Firing their first shot on June 6, 2022, Shosh Yonay and Yuval Yonay, heirs of Ehud Yonay, took aim at Paramount by filing a complaint in Federal Court asserting that the movie Top Gun: Maverick , infringes upon a copyrighted story written by Ehud Yonay (“Story”).

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LexBlog IP

JUNE 27, 2022

Firing their first shot on June 6, 2022, Shosh Yonay and Yuval Yonay, heirs of Ehud Yonay, took aim at Paramount by filing a complaint in Federal Court asserting that the movie Top Gun: Maverick , infringes upon a copyrighted story written by Ehud Yonay (“Story”).

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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 in the U.S.

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IP Tech Blog

AUGUST 4, 2023

21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world”. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., It’s a way where you take your original work and add new expression to it.

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LexBlog IP

FEBRUARY 15, 2024

This week saw yet another California federal court dismiss copyright and related claims arising out of the training and output of a generative AI model in Tremblay v. 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

AUGUST 4, 2023

21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world” As many will recall, SCOTUS recently upheld a ruling that an early 1980s Andy Warhol’s photograph of the artist Prince was not fair use. ” “The Idea of copyright is actually a bundle of different rights.

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SpicyIP

NOVEMBER 16, 2023

The ongoing copyright dispute between Hulm Entertainment (plaintiff) and Fantasy Sports (defendant), currently awaiting adjudication before the Delhi High Court throws open interesting questions on the copyrightability of nascent concepts like GUI and seeking protection on mobile apps through concept notes.

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LexBlog IP

MAY 18, 2023

When Goldsmith saw Orange Prince on the cover of Condé Nast’s magazine, she notified AWF that she considered it an infringement of her copyright in the original photograph. Today (May 18, 2023) the United States Supreme Court rejected AWF’s fair use defense, finding in Goldsmith’s favor.

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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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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]

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BYU Copyright Blog

MAY 13, 2024

response to Pearson Education's complaint in a copyright suit over educational practice questions and answers. However, these conferences were adjourned until March 2023. Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel.

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LexBlog IP

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Wal-Street.com, LLC , required the dismissal of VHT’s infringement claims since the Copyright Office had not completed the registration process for VHT’s images at the time VHT filed suit. the Copyright Act is a mixed question of law and fact.”

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Kluwer Copyright Blog

DECEMBER 12, 2023

And like every ‘wave of creative ‘digital’ destruction’, the latest wave of Generative AI, too first knocked on the gates of copyright. Generative AI offers an unprecedented potential to create any kind of work – be it written, audiovisual, or even programming code – upon a mere prompt.

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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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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. Andy Warhol. And Prince, the Purple One. (Or Goldsmith et al. ,

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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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