SpicyIP

JUNE 26, 2024

Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Views expressed here are those of the authors’ alone.

Copyright 81

Copyright Copying Publishing Cinema 81

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. You can't judge a book from its cover". True, except when a book and its cover are involved. But of course.

Art 133

Art Artwork Copying Moral Rights 133

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. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

TorrentFreak

SEPTEMBER 28, 2023

The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. They accuse OpenAI of using books as training data, without permission, relying on datasets that were sourced from pirate sites.

Fair Use 99

Fair Use Copyright Copyright Infringement Derivative Work 99

IPilogue

NOVEMBER 8, 2021

However, I recall certain books had the answers in them. Although answers, the textbook usually gave one- or two-worded answers to those dreadful questions that ended with “explain your answer” or “show all your work.” Copyright Infringement? . Homework and studying for school have come a long way over the years. Under the U.S.

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

Plagiarism Today

JANUARY 3, 2022

The lawsuit claimed that the site was offering illegal downloads of their books and specifically targeted two Ukrainian nationals as the operators. 2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. Milne’s book Winnie the Pooh. They are free of copyright.

Public Domain 203

Public Domain Music Derivative Work Licensing 203

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v.

Copyright 138

Copyright Derivative Work Music Copying 138

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? None of it includes copies of images. Stability AI Ltd. The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

LexBlog IP

NOVEMBER 29, 2023

If the court hearing Silverman’s claims agrees, copyright holders looking to sue AI companies in the future may find themselves facing long odds on certain claims. are similar enough to the plaintiffs’ books to be infringing derivative works,” the plaintiffs need to “adequately allege it at the pleading stage.”

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 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 OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v. Google, Inc., (the Google, Inc., (the

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . Fanfiction and Fanart.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Plagiarism Today

SEPTEMBER 28, 2022

Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced. These days, comic artists and comic fans do not tolerate this kind of copying. It happened in 1939.

Plagiarism 205

Plagiarism Copying Publishing Derivative Work 205

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Fair use in US ( Google Books but reuse pattern different here. Is the algorithm copyrightable?

IP 116

IP Derivative Work Intellectual Property Art 116

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. Learn more about NFT Copyright Issues here. nThe book and the copyright ownership are two distinct things.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement. ”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

Fair Use 57

Fair Use Derivative Work Copying Marketing 57

SpicyIP

DECEMBER 17, 2023

[ This post is authored by Prachi Mathur and is the third post of the three-part post on the history of terms of copyright and translations in India. Image by Freepik In part I and II of the post, I analysed the historical development and debates on the term of copyright in India.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

LexBlog IP

SEPTEMBER 28, 2023

As we’ve previously written , the rise of generative AI has led to a spate of copyright suits across the country. Copyright Act. ” OpenAI’s arguments instead focused on vicarious liability and failure to state a claim under Section 1202(b) of the Digital Millennium Copyright Act (the “DMCA”).

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

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

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

FEBRUARY 15, 2024

This week saw yet another California federal court dismiss copyright and related claims arising out of the training and output of a generative AI model in Tremblay v. 2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

Copyright Infringement 52

Copyright Infringement Derivative Work Copyright Copyright Notice 52

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Copyright? Copyrights protect creative works. Patents protect inventions.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Aaron Moss has a thoughtful breakdown of the court’s seeming mishandling of the Alexander case at Copyright Lately. by guest blogger Aaron Perzanowski , University of Michigan Law School.

Blogging 135

Blogging Fair Use Copyright Infringement Copyright 135

Likelihood of Confusion

MAY 18, 2022

When copying 20,000,000 books without permission is not copyright infringement Jim Bouton’s last pitch to Google wasn’t Ball Four, at least according to the umps of the Second Circuit. The post Guest Post: Fair Use or Foul Ball? appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 52

Fair Use Copyright Infringement Copying Copyright 52

Copyright Lately

MAY 22, 2023

Instead, we’re taught that “[w]hether the use of a copyrighted work has a further purpose or different character” is a “matter of degree.” ” In other words, it’s a good time to be a copyright lawyer. Put another way, it ain’t what you do, it’s the way that you do it.

Fair Use 92

Fair Use Licensing Copying Artwork 92

43(B)log

APRIL 7, 2021

Oracle thoughts: The majority clearly says that, as with other categories of protected works, distinctions can be made within the categories, drawing lines “among” computer programs, books, and films. Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do.

Marketing 40

Marketing Marketing Fair Use Derivative Work 40

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

JIPEL Copyright Blog

APRIL 28, 2021

While on their face, these fanfiction communities may seem like harmless outlets for fans, existing copyright doctrine actually renders much of these works as infringements of copyright. When evaluating the first factor for a fanfiction, courts would look to the extent to which the unlicensed work was transformative in nature.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

LexBlog IP

OCTOBER 25, 2023

After reading a book, Philipose explains to Ammachi, “I’ve lived through three generations and learned more about the world and about myself than I do during a year in school. They also resulted in the Boston Book Festival cancelling its annual One City, One Story event, which had planned to feature The Kindest in 2018.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. and others v. and others v. Stability Al Ltd.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67