Music Making Gen AI: A Deeper Dive into Fair Use
The Illusion of More
JULY 11, 2024
In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.
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May 2023 Roundup of Copyright News
Copyright Alliance
JUNE 1, 2023
Goldsmith case, reining in the transformative use test under the first fair use […] The post May 2023 Roundup of Copyright News appeared first on Copyright Alliance. Supreme Court finally issued its long-awaited decision in the Andy Warhol Foundation v.
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Copyright Fair Use Purpose and Character: SCOTUS Says Transformation Alone Isn’t Enough
JD Supra Law
MAY 22, 2023
On May 18, 2023, the U.S. Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same.
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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
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 was not paid or credited for this use.
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xQc and the 2023 Reaction Video Controversy
Plagiarism Today
AUGUST 16, 2023
The post xQc and the 2023 Reaction Video Controversy appeared first on Plagiarism Today. Streamer and YouTuber xQc is under fire for his reaction videos. Here's why it's not the first such battle and why this may be different.
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Let’s Go Hazy: Making Sense of Fair Use After Warhol
Copyright Lately
MAY 22, 2023
Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.
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The 5 Worst Copyright Lawsuits of 2023
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.
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Court to Revisit Fair Use in Tattoo Infringement Case
Copyright Lately
AUGUST 14, 2023
Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).
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Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use
TorrentFreak
JANUARY 17, 2024
is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. 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.”
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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)
Technology & Marketing Law Blog
JUNE 20, 2023
Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. 21-869 (May 18, 2023). Andy Warhol Foundation for the Visual Arts, Inc.
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Copyright Cases in 2023: A Year in Review
Copyright Alliance
JANUARY 9, 2024
Copyright enthusiasts knew that 2023 would bring with it a highly anticipated decision in one of the biggest fair use cases in decades: Andy Warhol Foundation v. Indeed, […] The post Copyright Cases in 2023: A Year in Review appeared first on Copyright Alliance. Lynn Goldsmith.
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Trademark and Copyright Cases to Watch in 2023
The IP Law Blog
JANUARY 19, 2023
It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v. There, U.S.-based
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Reddit Reports Surge in Copyright-Related User Bans
TorrentFreak
APRIL 17, 2024
A few hours ago, the company released its latest transparency report detailing the actions it took in the second half of 2023. 779,628 ‘Infringing’ Items Flagged At TorrentFreak, we are mostly interested in copyright-related actions. That said, the company does signal a significant increase in copyright-related user bans.
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The 5 Worst Copyright Decisions of 2024
Copyright Lately
DECEMBER 29, 2024
Many rulings missed the mark, but these five went the extra mile to secure their spots as the year’s worst copyright disasters. Hello and welcome to Copyright Latelys fifth annual countdown of the years biggest copyright misfires from coast to coast. Fair Use Declawed. Only one way to find out. Netflix, Inc.
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Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence
JD Supra Law
NOVEMBER 13, 2023
On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence, a legal-research artificial intelligence (AI) startup. By: Farella Braun + Martel LLP
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Generative AI, Copyright and the AI Act
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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AI and copyright in 2022
Kluwer Copyright Blog
FEBRUARY 2, 2023
This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.
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Generative AI and Copyright – Some Recent Denials and Unanswered Questions
Intellectual Property Law Blog
OCTOBER 3, 2023
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author.
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Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright Conundrums
JD Supra Law
JANUARY 18, 2024
As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come.
Award-Winning AI Art Not Copyrightable
The IP Law Blog
SEPTEMBER 14, 2023
Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful. Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work.
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Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims
JD Supra Law
JUNE 13, 2023
On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. 1258 (2023). Andy Warhol Found. for the Visual Arts, Inc. Goldsmith, 143 S. By: Lathrop GPM
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Copyright and AI in Australia: 2023 in Review
Kluwer Copyright Blog
JANUARY 15, 2024
Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?
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Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder
JD Supra Law
JUNE 6, 2023
The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. By: Benesch
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Supreme Court Addresses Copyright Fair Use Defense in Goldsmith
JD Supra Law
MAY 22, 2023
On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith et al., Lynn Goldsmith et al., By: Skadden, Arps, Slate, Meagher & Flom LLP
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Reddit Sees Copyright Takedowns Peak While Subreddit Bans Drop
TorrentFreak
OCTOBER 7, 2023
A few years ago copyright holders paid little attention to these discussions. In 2017, the site removed ‘just’ 4,352 pieces of content in response to copyright holders’ complaints. User access requests, which allow users to ask for a copy of their account information, skyrocketed in the first half of 2023.
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Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws?
SpicyIP
OCTOBER 9, 2024
Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.
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Religious Group Targets Parent With Copyright Lawsuit Over Kids’ Curriculum
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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Infographic | Copyright legal dispute
Olartemoure Blog
JANUARY 18, 2023
The photographer became aware of the use of her photograph in 2016 when Prince died, and the Andy Warhol Foundation licensed the use of Warhol’s “Prince Series” to use in a magazine commemorating his life. There was no image copyright credit or compensation to Lynn Goldsmith.
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3 Count: Nirvana’s Inferno
Plagiarism Today
OCTOBER 25, 2021
1: Nirvana Beats T-Shirt Copyright Lawsuit Involving Dante’s ‘Inferno’ First off today, Bill Donahue at Billboard reports that members of the band Nirvana have emerged victorious in a battle over their iconic Dante’s Inferno shirt, even if it is likely not the final word on the case.
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The FTC’s Misguided Comments on Copyright Office Generative AI Questions
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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Men Arrested For Transcribing Godzilla Minus One, Posting Details to a Website
TorrentFreak
OCTOBER 31, 2024
Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music. In Japan, where the concept of fair use isn’t recognized, there’s arguably less cause for confusion.
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Supreme Court Rules Andy Warhol’s Prince Portraits Not Fair Use
JD Supra Law
MAY 19, 2023
On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.
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If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP
Technology & Marketing Law Blog
JANUARY 25, 2023
After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).
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Fair Use and Warhol’s Prince Silkscreens
JD Supra Law
MAY 30, 2023
Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 2023 WL 3511534. By: Clark Hill PLC
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Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?
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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A Look Back at India’s Top IP Developments of 2023
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.
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This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix
Technology & Marketing Law Blog
OCTOBER 25, 2023
Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements. A fair use win on a motion to dismiss is a good candidate for a 505 fee shift.
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Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use
JD Supra Law
MAY 22, 2023
For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol Foundation for Visual Arts, Inc. By: Miller Canfield
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D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use
JD Supra Law
SEPTEMBER 18, 2023
On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement. Public.Resource.Org, Inc.,
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Fair Use: Graham v. Prince and Warhol v. Goldsmith
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. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.
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Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law
SpicyIP
NOVEMBER 7, 2024
on text data mining and its interpretation as an exception to allegations of copyright infringement, SpicyIP Fellowship applicant Tanishka Goswami highlights the key findings of the Court and explores the probable lessons for Indian policymakers in harmonizing copyright with AI and innovation. Her previous post can be accessed here.
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US Copyright Office and AI: Notice of Inquiry and the Théâtre D'opéra Spatial case
The IPKat
SEPTEMBER 27, 2023
The deadline to respond is 18 October 2023. The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress. The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress.
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Publishers Take a Hatchet to Free Digital Libraries
JD Supra Law
MAY 8, 2023
On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’ copyrights and was not a fair use. By: Irwin IP LLP
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Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1
Kluwer Copyright Blog
OCTOBER 17, 2023
Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1
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