Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. 2023 WL 3449131 at *1 (N.D. May 11, 2023). The court also held that plaintiffs were permitted to proceed pseudonymously. Complaint at 2. GitHub, Inc.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 98

TorrentFreak

JULY 14, 2024

Noting that the Parents Against LifeWise Facebook group has already attracted around 2,500 members since it was created September 1, 2023, LifeWise is of the belief that “Mr. The allegation that licensing costs were avoided carries much more weight, however. Parrish does not support LifeWise’s mission.” And so it begins.

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Copyright Licensing Fair Use Derivative Work 127

BYU Copyright Blog

JANUARY 27, 2025

The Professors filed an Amended Complaint in early 2023, and after motion practice by both parties, the court issued its Decision and Order , once again siding with DYouville. In its opinion, the court emphasized that copyright licenses are interpreted according to principles of contract law.

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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. Is it a proper copyright ownership or an assigned license? user, service)?

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Copyright Ownership Social Media Licensing 135

Patently-O

SEPTEMBER 1, 2023

The copyright office seeks input on the legality of training generative models on copyrighted works obtained via the open internet, but without an express license. Our system also supports approaches to voluntary collective licensing via joint management organizations; perhaps supported by a minimum royalty rate.

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Copyright Copying Derivative Work Licensing 94

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors.

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Licensing Fair Use Copyright Derivative Work 52

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. GitHub Inc., 3:22-cv-06823 – Whither transformative? These cases are not against AI.

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Litigation Fair Use Copying Derivative Work 98

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

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LexBlog IP

MAY 18, 2023

Goldsmith had issued a limited license for this purpose. The license stated her photograph could be used for reference, “one time only.” ” Turns out – in addition to the Vanity Fair illustration – Warhol made a series of 16 additional works derived from Goldsmith’s photo.

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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 Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. Goldsmith , 598 U.S. _ (2023). [2]

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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 Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. Goldsmith , 598 U.S. _ (2023). [2]

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Copyright Lately

AUGUST 14, 2023

.” Focusing on the tattoo itself, defendants argue that “[t]he specific challenged use—a non-commercial tattoo hand-inked on the arm of Kat Von D’s friend—is nothing like the copyrighted use, a photograph licensed to be used in a magazine article about Miles Davis.”

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The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. Zillow Group, Inc.,

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Copyright Registration Licensing Derivative Work 98

IP Intelligence

JUNE 7, 2023

1258, (2023). Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. See Andy Warhol Foundation for the Visual Arts, Inc.

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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. 305 (2023) (available at [link] ) [7] Id. [8] 23-CV-00201-WHO, 2023 WL 7132064, at *14 (N.D. 23-CV-03417-VC, 2023 WL 8039640, at *2 (N.D.

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Copyright Fair Use Copyright Law Copyright Infringement 96

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. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

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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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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use.

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Copyright Law Copyright Fair Use Law 105

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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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 ). To facilitate the process of TDM, data is the key.

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LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). ” The license provided that the use would be for “one time” only. Goldsmith notified AWF of her belief that the work infringed her copyright. (Or in this case, Orange.) Goldsmith et al. , Money and copyright won by a 7-2 majority.

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BYU Copyright Blog

MAY 13, 2024

However, these conferences were adjourned until March 2023. Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel. Throughout this period, the parties filed motions seeking extensions of deadlines, prompting the Judge to schedule a status conference for September of that year.

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LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v. .

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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 Derivative Work Intellectual Property Television 52

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 Derivative Work Intellectual Property Television 52

LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith was unaware of these additional works.

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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.

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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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Blogging Copying Social Media Copyright 98

BYU Copyright Blog

OCTOBER 7, 2024

After the District Court's ruling on March 24, 2023, which held IA liable for copyright infringement, IA appealed the decision. The court found IAs use to be nontransformative, primarily because simply scanning the books did not add any expressive transformation that would make the copies more than mere derivatives.

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43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark. Gannett Co.,

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LexBlog IP

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. Zillow Group, Inc.,

Copyright 52

Copyright Registration Licensing Design 52

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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Ownership Contracts Confidentiality Copyright 52

LexBlog IP

JUNE 7, 2023

1258, (2023). Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. Goldsmith , 598 S. ” See 143 S.

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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? There is disagreement among commentators whether this is a desirable development.

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IIPRD

APRIL 8, 2024

CAN is a technology developed by computer scientists and art historians, it is made in a way that it uses input of pieces of original art and works of people which could date back couple centuries to the most recent ones, by using such inputs it then creates a novel piece which could pass off as that of a human artwork. [1] 10 GNLU J.L.

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IP Intelligence

JUNE 6, 2023

1258, (2023). Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. See Andy Warhol Foundation for the Visual Arts, Inc.

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