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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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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).

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Copyright Fair Use for Education

IP and Legal Filings

Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

Fair Use 105
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The Latest Chapter in Authors’ Copyright Suit Against OpenAI: Original Pleadings Insufficient

LexBlog IP

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.” ” The plaintiffs now have until March 13, 2024 to file an amended complaint.

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Court Dismisses Most Claims in Authors’ Lawsuit Against OpenAI

LexBlog IP

The court rejected the conclusory assertion that every output of ChatGPT is an infringing derivative work, finding that plaintiffs had failed to allege “what the outputs entail or allege that any particular output is substantially similar – or similar at all – to [plaintiffs’] books.”

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Before the 1909 Act, the author was required to register the title of the work before publication, as a condition of receiving copyright protection. Under the 1909 Act, an author received a federal statutory copyright merely by publishing the work with proper copyright notice. Wiesen-Hart, Inc. ,

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.