LexBlog IP

FEBRUARY 15, 2024

The court rejected the conclusory assertion that every output of ChatGPT is an infringing derivative work, finding that plaintiffs had failed to allege “what the outputs entail or allege that any particular output is substantially similar – or similar at all – to [plaintiffs’] books.” 7, 2023). [3]

Copyright Infringement 52

Copyright Infringement Derivative Work Copyright Copyright Notice 52

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. Goldsmith et al, Case No.

Art 52

Art Fair Use Derivative Work Blogging 52

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. However, the Court noted that “the mere fact that a work is copyrighted does not mean that every element of the work may be protected.” OpenAI, Inc.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

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. The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. In JBrick, LLC v. Chazak Kinder, Inc.

Public Domain 113

Public Domain Copyright Copying Registration 113

The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law.

Copying 97

Copying IP Copyright Law Designs 97

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). If there were to be a broader E&L, then what should be the design of such a framework?

Copyright 73

Copyright Derivative Work Music Designs 73

The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement. Likewise, Zillow used each photo independently to market home designs.

Copyright 98

Copyright Registration Licensing Derivative Work 98

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. The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. In JBrick, LLC v. Chazak Kinder, Inc.

Public Domain 52

Public Domain Copyright Copying Registration 52

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 plaintiffs alleged that the OpenAI defendants had “by design” removed CMI from their copyrighted books during the LLM training process. OpenAI, Inc.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

JUNE 7, 2023

In January 2023, the same lawyers who brought the class action suit against Copilot on behalf of the Doe plaintiffs filed a complaint in the Northern District of California ( Andersen v. Getty Images filed a similar lawsuit in January 2023 in the UK High Court and in February 2023 in the District of Delaware ( Getty Images (US), Inc.

Licensing 52

Licensing Copyright Notice Copyright Privacy 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. Mr Blackmore also raised the issue of copyright protection of AI created works.

Reporting 67

Reporting Derivative Work Intellectual Property Copyright 67

LexBlog IP

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement. Likewise, Zillow used each photo independently to market home designs.

Copyright 52

Copyright Registration Licensing Designs 52

SpicyIP

NOVEMBER 16, 2023

years after the initial injunction, the SB proceeded to vacate this interim injunction on October 17 2023 , and also undertook a detailed discussion on the question of copyrightability of GUIs. Protection of GUIs have often been discussed in the context of Designs and a Calcutta High Court judgement in Ust Global (Singapore) Pte Ltd v.

Copyright 59

Copyright Marketing Marketing Copying 59

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. year over year to $2.71 ” VMG Salsoul, LLC v.

Music 86

Music Copyright Copying Copyright Law 86

Technology & Marketing Law Blog

JUNE 17, 2023

2023 WL 3449131 at *1 (N.D. May 11, 2023). As of May 2023, GitHub has updated this provision on its website to explicitly read “any code, text, … documents, or other files”). On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. GitHub, Inc.

Blogging 131

Blogging Licensing Privacy Copyright Notice 131

Copyright Lately

MAY 22, 2023

Still, having already designated Warhol’s “Soup Cans” a paradigmatic example of transformative use just two terms ago in Google v. " — Robert Indiana, artist [link] — Aaron Moss (@copyrightlately) May 19, 2023 2. — Aaron Moss (@copyrightlately) May 18, 2023 4. "I knew Andy very well.

Fair Use 93

Fair Use Licensing Copying Artwork 93

Kluwer Copyright Blog

JUNE 7, 2023

Ginsburg’s lecture took place on 3 May 2023. is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). As an example, Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works? 3] Credit for the prompt goes to Professor Thomas Margoni.

Copyright 135

Copyright Copyright Law Fair Use Law 135

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.

Blogging 98

Blogging Copying Social Media Copyright 98

LexBlog IP

AUGUST 23, 2023

.” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., Google] , 804 F.3d

Copyright 52

Copyright Art Copying Derivative Work 52

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] A trial is set to begin February 28, 2023. [were] far too narrow for him to unilaterally produce, market, and sell the Pulp Fiction NFTs.” [22]. Mason Rothschild.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Brands 52

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Hailshree Saksena, Doctrine of sweat of the brow SSRN (2009), [link] (last visited Apr 14, 2023). [1] It was written with a distinct style and message. 1] [1916] 2 Ch 601. [2]

Copyright 97

Copyright Public Domain Copying Publishing 97

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. . ‘The Covenant of Water’ is a rich, heartfelt novel. That question recently arose in Sonya Larson v. ” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

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.

Licensing 59

Licensing Trademark Intellectual Property IP 59

SpicyIP

AUGUST 18, 2024

The Controller Of Patents And Design In an important development, the DHC recently clarified that the non-appearance of an applicant does not justify the Controller in deeming their patent application as abandoned. However, owing to the volatile regulatory environment in India, the plaintiff blocked its services in India from 2023 onwards.

Registering Trademarks 92

Registering Trademarks Trademark Cease and Desist Copyright 92

Technology & Marketing Law Blog

FEBRUARY 13, 2023

There is no defined segregation, either by design or by implication of any of plaintiff’s expressions of his thoughts and opinions on the subjects discussed which would aid in identifying plaintiff’s purported copyrighted material. District Court for the Northern District of Florida. Simon & Schuster, Inc. 3:23-cv-02333 (N.D.

Copyright 126

Copyright Blogging Publishing Fair Use 126

LexBlog IP

JANUARY 10, 2024

On December 6, 2023, Bob Woodward and other defendants moved to dismiss claims brought against them by former President Donald J. Before the second amendment, President Trump received a copyright registration covering the work, despite an early registration being recorded in Woodward’s favor. What did those papers say?

Ownership 52

Ownership Copyright Government Intellectual Property 52