Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

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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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Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. The published article acknowledges Goldsmith. by Dennis Crouch.

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Copyright Lately

JANUARY 23, 2023

Over the past week, the plaintiffs’ lawsuit has been the subject of thousands of articles which have largely parroted the complaint’s key talking point: that AI image generators are nothing more than “ a 21st-century collage tool that remixes the copyright works of millions of artists whose work was used as training data.”

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] 107), “when it conveys a different meaning or message from its source material.”

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times.

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Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

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LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

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Kluwer Copyright Blog

MAY 9, 2023

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. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive.

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Kluwer Copyright Blog

AUGUST 7, 2023

This is explicitly stated in Article 5, XXVII, of the Brazilian Constitution, and Article 1, Section 8, of the United States Constitution. An example would be an artist copying a previous painting and merely altering the colors to pass it off as a new creation.

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Kluwer Copyright Blog

JULY 16, 2023

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. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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Plagiarism Today

DECEMBER 8, 2022

While parody isn’t protected in the Constitution, fair use was codified into U.S. In that case, ComicMix LLC was seeking to release a comic book that mashed up themes from the two elements, only to have the Ninth Circuit Court of Appeals rule against them, saying it was not protected by fair use. Where Who’s Holiday!

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LexBlog IP

APRIL 20, 2022

It has been noted as to the US Supreme Court’s requirement that it render before its summer break decisions in all cases argued in the current term and dispose of as many cert. See New York Times article entitled Supreme Court; Full Docket Awaits Spring Cleaning. at 7-9) were transformative.,” at 7-9) were transformative.,”

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