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.

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Kluwer Copyright Blog

JULY 24, 2024

Our pilot empirical work in January-March 2023 mapped ToS across a representative sample of 13 generative AI providers, drawn from across the globe and including small providers as well as the large globally well-known firms such as Google and OpenAI. You can find the full report here.

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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. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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Patently-O

DECEMBER 11, 2023

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. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection.

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Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. Please note that this is in no ways meant to be a comprehensive analysis of the lawsuits. Case 1- Doe 1 v. GitHub Inc.,

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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. The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph.

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LexBlog IP

APRIL 23, 2023

The growing use of AI in various creative fields has necessitated a clear legal framework to protect intellectual property rights. The guidelines offer clarification on copyright eligibility, authorship requirements, and the registration process for works that incorporate AI-generated material.

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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.

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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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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LexBlog IP

MAY 18, 2023

Today (May 18, 2023) the United States Supreme Court rejected AWF’s fair use defense, finding in Goldsmith’s favor. The Court clarifies a common misunderstanding: calling a work “transformative” does not make it so. Litigation ensued, in which AWF advanced fair use as its defense.

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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. one of the copyright rights is the right to prepare derivate works (e.g.,

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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. Goldsmith et al, Case No.

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LexBlog IP

JUNE 27, 2022

In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. It is likely Paramount will assert that Top Gun: Maverick is not based on the Story and therefore is not a derivative work and therefore cannot infringe the Story.

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LexBlog IP

JUNE 27, 2022

In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. It is likely Paramount will assert that Top Gun: Maverick is not based on the Story and therefore is not a derivative work and therefore cannot infringe the Story.

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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. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. year over year to $2.71

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IIPRD

APRIL 8, 2024

With the development of latest technologies like the Creative Adversarial Network (“CAN”), many areas which were yet unexplored in the realm of Intellectual Property Rights have arisen. Creator’s will need to keep an eye out to monitor such generators in case work derived from theirs appears. 30, 2023) [6] Supra Note 5.

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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]

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The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” Zillow Group, Inc.,

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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]

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IP Intelligence

JUNE 7, 2023

1258, (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. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Such pro­tection includes the right to prepare derivative works that transform the original.” One may argue that the dissent treats the copyright holder’s right to make derivative works too narrowly. Goldsmith et al. ,

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Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S. It will focus on the s.10(3)

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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. 2:22-cv-800-BJR, 2023 WL 1068513, at *5 n.9 Professor Lionel Bently of the University of Cambridge acted as a commentator.

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LexBlog IP

JULY 7, 2023

. “Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] Many derivative works. 2023) (slip op.,

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LexBlog IP

OCTOBER 26, 2023

Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement by OpenAI—and arguing that “substantial similarity” is irrelevant because OpenAI copied their works wholesale, without permission, in order to make ChatGPT 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. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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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 Goldsmith , 598 U.S. _ (2023). [2] ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. 2] Slip op.

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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 Goldsmith , 598 U.S. _ (2023). [2] ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. 2] Slip op.

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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] 1] See Andy Warhol Found.

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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 Court began by noting that “while it may be unlawful to recreate another’s work (e.g., OpenAI, Inc.

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LexBlog IP

DECEMBER 19, 2023

See Case C-145/10 – Painer , para 92: “[b]y making those various choices, the author of a portrait photograph can stamp the work created with his ‘personal touch’ ”; and Case C-683/17 – Cofemel , para. 18, 2023), available at Thaler v. of Columbia 2023 – Google Scholar. Perlmutter , No.

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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.

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SpicyIP

NOVEMBER 16, 2023

She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. 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. Tejaswini is a 3rd-year B.A.

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Intepat

MAY 17, 2024

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

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LexBlog IP

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. ” The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to. Zillow Group, Inc., the Copyright Act is a mixed question of law and fact.”

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LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. Otherwise, the majority said, “‘transformative use’ would swallow the copyright owner’s exclusive right to prepare derivative works.” for Visual Arts, Inc.

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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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