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The plaintiff sued the defendant (and others) for copyright infringement. Copyrightability The case sets up one of the longstanding open questions in copyright law: when are form contractscopyrightable, and when is sharing them infringing? Sadly, this case sidesteps that important copyrightability question.
¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fairuse claim probably won’t get you out of the lawsuit at the motion to dismiss stage.
Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., A material breach of a copyright license can give rise to an infringement claim, so this is an interesting move. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; you get the picture).
Using the DMCA’s takedown process as a weapon, persons unknown sent copyrightnotices to YouTube, claiming that the targeted videos should be taken down for infringing Bungie’s rights. Earlier this year, Bungie and its enthusiastic Destiny fan community were plunged into chaos.
A right holder may consent to more than what a copyright exception allows. The Court held that a simple consent does not grant any rights to the user (unlike a license or a contract regarding the use of the work). It only has the effect of legitimizing the specific use. Such notice must be visible to third parties.
Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the recordings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fairuse, or by the First Amendment?
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