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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. In that case, Google did not output new books, but rather just snippets of the book as part of the search results. The court distinguished the Google Books case and Authors Guild, Inc.

Fair Use 244
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When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivative works. Nosferatu was a 1922 adaption (just how much was the subject of the copyright challenge to the movie) of the wildly popular 1897 book by Bram Stoker — Dracula. blood) of the living.

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When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

The book that is going to change copyright law? Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Călinescu , C-649/23.

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Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement.

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rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

Defendant does business as Spiralverse; it bought lawfully made Steeplechase books and rebound them with spiral binding. As initially produced, the Piano Book is paperback with glue binding. Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings.

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Using that classic piece of art on a book cover: Grr…

The IPKat

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 134
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Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).