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.

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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.

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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.

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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™.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Fair Use Art Licensing Copyright Infringement 52

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. §

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Copyright Derivative Work Artwork Fair Use 95

IP Tech Blog

AUGUST 4, 2023

As many will recall, SCOTUS recently upheld a ruling that an early 1980s Andy Warhol’s photograph of the artist Prince was not fair use. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g.,

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Art Fair Use Derivative Work Blogging 52

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.

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Copyright Infringement Copyright Fair Use Derivative Work 52

LexBlog IP

AUGUST 4, 2023

21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world” As many will recall, SCOTUS recently upheld a ruling that an early 1980s Andy Warhol’s photograph of the artist Prince was not fair use. ” “The Idea of copyright is actually a bundle of different rights.

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Art Fair Use Derivative Work IP 52

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? In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. Stability AI Ltd.

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Derivative Work Art Copying Fair Use 106

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.

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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. Fair dealing c.

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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). I speculated that this was an attempt to avoid a messy fair use dispute.

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Litigation Fair Use Copying Derivative Work 98

Velocity of Content

AUGUST 9, 2022

Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed. She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit.

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Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Confused yet? Just wait.].

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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.

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Copyright Television Copyright Infringement Derivative Work 122

Traverse Legal Blog

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

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Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 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. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. by guest blogger Aaron Perzanowski , University of Michigan Law School.

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Blogging Fair Use Copyright Infringement Copyright 135

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

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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. The lawsuits allege that OpenAI used the plaintiffs’ creative content without permission to train OpenAI’s generative AI tool in violation of the U.S. Copyright Act.

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Fair Use Derivative Work Copying Copyright Infringement 52

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

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IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

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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.

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Derivative Work Fair Use Copyright Marketing 45

IPilogue

NOVEMBER 16, 2022

The doctrine of fair dealing in Canada has long played an important role in balancing the scales of copyright law from leaning too far in favour of copyright holders. The fair dealing exceptions recognize certain uses of protected works as benefitting society, and thereby safeguard those uses from findings of infringement.

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Fair Use Derivative Work Copyright Copyright Law 59

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.

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Music Derivative Work Fair Use Cease and Desist 101

43(B)log

AUGUST 9, 2024

Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Appropriating the “core” of a work is not infringing in the absence of substantial similarity.there are also cases suggesting ©ability of style: Steinberg, saying style is part of expression. Copyright attaches to works, not ouvres.

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Fair Use Marketing Marketing Licensing 59

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.

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Marketing Marketing Fair Use Derivative Work 40

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Fair Use Derivative Work Blogging Licensing 96

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

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

Look no further than this year’s top contenders for examples of this, including Oppenheimer , American Fiction , Killers of the Flower Moon , Poor Things (all based on books)—and, of course, Barbie. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be?

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Derivative Work Licensing Copyright Copyright Law 64

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

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Fair Use Licensing Art Music 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

SpicyIP

APRIL 15, 2024

Training GenAI: Infringement or Fair Use? This method involves the feeding of a large amount of data, including copyrighted works. As the worlds of GenAI and copyright collide, the issue before us is whether the use of copyrighted works through TDM for the training of GenAI amounts to copyright infringement?

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Fair Use Copyright Infringement Derivative Work Copyright 49

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

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JIPL Online

NOVEMBER 1, 2021

If a movie contains a boring scene, a viewer may fast forward through it using a remote. If a book lacks a satisfying ending, readers are free to write a new one. Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4]

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Derivative Work Cease and Desist Blogging Litigation 59

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.

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Copyright Derivative Work Copying Copyright Infringement 98