Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Below are my thoughts on what is interesting about these cases. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected.

Copyright 245

Copyright Trademark Cease and Desist Copying 245

Velocity of Content

JULY 31, 2024

These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others. No copies are made during the process of training generative AI systems.

Copyright 52

Copyright Fair Use Licensing Copyright Infringement 52

Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. There’s surprisingly little copyright litigation in the tattoo space.

Copyright 207

Copyright Fair Use Licensing Copyright Infringement 207

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. IJR argued that Philpot provided free licenses to the work. Nature of the Work.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

IP Watchdog

AUGUST 22, 2021

After a decade of litigation across two continents and an unpaid multi-million-dollar judgment, the parties are once again in court. This time, however, WPL’s arguments pose grave dangers to all owners of other copyrighted works. WPL did not try to compete with SAS by building a different or better product.

Copyright Law 126

Copyright Law Copyright Law Copying 126

Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. The published article acknowledges Goldsmith. In the 1980s, Warhol created a set of silkscreens of the musician Prince. 17 U.S.C. §

Fair Use 117

Fair Use Art Licensing Publishing 117

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 103

Licensing Litigation Technology Patent 103

IP Tech Blog

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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 96

Blogging Copying Social Media Copyright 96

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

Read the full article on Law360. PDF copy available. In doing so, the AIA sought to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive litigation costs.” See, e.g., 3G Licensing, SA et al. 1-17-cv-00085-LPS-CJB, D.I.

Litigation 52

Litigation Patent Art Licensing 52

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. 29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Republished with permission.

Fair Use 52

Fair Use Copying Licensing Copyright 52

IP Watchdog

OCTOBER 20, 2023

These outputs also copy the publishers’ lyrics because Claude is trained on the infringing works and does not license the copyrights to those works, like other music lyric aggregators, said the publishers.

Copyright 114

Copyright Music Publishing Copying 114

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

This article explores the growth of AI technologies and the reasons for the limited footprint of AI disputes before the PTAB, which provides early lessons that can be used to extrapolate future trends. Read the full article on Bloomberg Law. PDF copy available. A Bloomberg Law article noted that U.S. patent litigation.

Law 40

Law Patent Technology Art 40

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. PDF copy available. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. In Europe, the right of priority is based on the three requirements of Article 87(1) EPC: (a) same applicant, (b) same invention, and (c) first application.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

IP and Legal Filings

JULY 29, 2024

Another lesser-known problem of the authors of the schools providing educational services through the Internet is the question of the control of the distribution of copies of copyrighted works. This can be done through licensing agreements which outlines how and when the content may be used as well as the regions in which it may be used.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. A useful article is an object like clothing or furniture that has an intrinsic utilitarian function that’s not merely to portray appearance or convey information.

Copyright 95

Copyright Derivative Work Artwork Fair Use 95

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.

Fair Use 92

Fair Use Licensing Copying Artwork 92

43(B)log

MARCH 1, 2022

Bell allegedly offers licenses for its use. Enhanced reputation can be a commercial benefit, such as when a scientist falsely presents another’s article as her own.” If that were all, copying the WIN Passage would be qualitatively significant. But the tweets didn’t do that. NXIVM Corp. Ross Institute, 364 F.3d 3d 471 (2d Cir.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

BYU Copyright Blog

SEPTEMBER 12, 2022

This dispute concerned an image shared under a Creative Commons license, which was allegedly used by the law firm Meyer, Suozzi, English & Klein, P.C. the "Plaintiff") in an article it produced without complying with the attribution requirements of the license. Higbee et alWe previously reported on this case here.

Settlement 52

Settlement Licensing Publishing Reporting 52

The IPKat

NOVEMBER 22, 2021

Who receives the credit and the licensing rights? Relying on theatrical studies and the empirical study, the chapter provides insights into the way that producers, directors, playwrights, and actors regulate – or choose not to regulate – disputes about copying.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

LexBlog IP

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement.

Patent 120

Patent Settlement Invention Inventor 120

Indiana Intellectual Property Law

AUGUST 23, 2021

Indianapolis, Indiana – Apparently Sayre Berman (“Berman”), the Plaintiff, creates photographic images, which she licenses for various uses including online and print publications. According to the Complaint, Berman observed a copy of the Photograph on Auralex Acoustics, Inc. ’s Copyright Office under Registration No. VA 2-145-705.

Copyright Infringement 52

Copyright Infringement Copyright Copying Licensing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. Three courts of appeals have answered “no.”

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator.

Copyright 145

Copyright Art Fair Use Registration 145

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. Furthermore, trademarks act as valuable assets for startups.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

It ran Facebook self-service ads and participated in Facebook’s “instant articles” program that let Facebook embed ads in its content in exchange for a revenue cut. See this article. When I think about the potential volume and cost of such litigation, it gives me panic attacks. Shared.com is a content producer.

Contracts 94

Contracts Social Media Advertising Advertising 94

IPilogue

JANUARY 11, 2023

This article was written as a requirement for Prof. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School.

Journalism 80

Journalism Privacy Contracts IP 80

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

The IPKat

AUGUST 11, 2021

IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. This makes the scenario very similar to the Renckhoff case, where a re-post occurred after the file was copied to another server.

Copyright Infringement 145

Copyright Infringement Copyright Due Diligence Social Media 145

IP Watchdog

NOVEMBER 11, 2021

When an end user requests content from one of Cloudflare’s customers, it is delivered to that user from the cached copy on the nearest Cloudflare server—not the customer’s own web host server. This saves on bandwidth costs, improves security, and decreases page load times.

Copyright Infringement 138

Copyright Infringement Copyright Copying Law 138