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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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

NOVEMBER 8, 2023

On October 30, 2023, U.S. Andersen is the first of many cases brought by high-profile artists, programmers and authors (including John Grisham, Sarah Silverman and Michael Chabon) seeking to challenge the legality of using copyrighted material for training AI models. Copyright Act. By Angela Dunning and Lindsay Harris. [1]

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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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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Art Fair Use Derivative Work IP 52

The IPKat

NOVEMBER 15, 2023

This Kat was very happy to participate in the AI & Creativity: Protecting Creators in the Age of AI Panel which took place as part of the AI Fringe event on Friday, 3 November 2023 at the Knowledge Centre of the British Library, London. Readers can watch the panel recording on the DACS YouTube channel here.

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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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Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen.

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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

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before.

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Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

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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. Under EU law, a work must be the “author’s own intellectual creation” for copyright to subsist in it.

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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. 3] Graham v.

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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). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S.

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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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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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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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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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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

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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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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. Goldsmith , 598 S.

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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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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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SpicyIP

NOVEMBER 16, 2023

She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note.

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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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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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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” In fact, lots is happening. ” Id. Morford , at 11.

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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

JUNE 7, 2023

Described as “an intellectual property pioneer and modern legal historian” , his untimely death in January 2022 was a blow for the academic community. Ginsburg’s lecture took place on 3 May 2023. The inaugural lecture was organised by Dr Martin Husovec and Dr Luke McDonagh of the London School of Economics and Political Science.

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Intepat

MAY 17, 2024

Copyrightability of Prompts Prompt engineering is recognized as essential for harnessing the full potential of generative AI technologies, as it optimizes the interaction between humans and AI systems. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

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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? Here are the most popular posts over the past few months.

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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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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