TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

Copyright 118

Copyright Derivative Work Fair Use Reporting 118

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” The current Stable Diffusion model uses about 5 gigabytes of data.

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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). Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Japan (Art.

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LexBlog IP

SEPTEMBER 28, 2023

OpenAI also made passing reference to the fair use defense, arguing that courts are empowered to adapt the defense “to account for ‘rapid technological change.’” Because they alleged direct copying of their works by OpenAI, the substantial similarity test is irrelevant, they contended.

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The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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LexBlog IP

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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SpicyIP

JUNE 26, 2024

A general lack of clarity on the issue of information asymmetry and inaccessibility for PwDs was recently brought to light in the matter of Prof. It is necessary to note that the original work that is converted into an accessible copy must be acquired legally. Avichal Bhatnagar v. The CEO, Pralek Prakashan Pvt.

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LexBlog IP

SEPTEMBER 21, 2023

” OpenAI claimed that the authors “misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”

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Patently-O

SEPTEMBER 1, 2023

The copyright office seeks input on the legality of training generative models on copyrighted works obtained via the open internet, but without an express license. In particular, an approach that does not store or actually copy the underlying works would be less likely to be be infringing.

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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. It was considered a criminal offense.

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TorrentFreak

SEPTEMBER 7, 2021

Viewing a transmission is not a public display, public performance, public distribution or derivative work of the original copyrighted work,” the motion to dismiss reads. Fair Use Defenses. “The Broadcast was essentially four hours long…In other words, the 4/22/21 Podcast used less than.3%

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Copyright Fair Use Copyright Infringement Copying 117

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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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). For more information, please see Cleary Gottlieb’s client alert. for Visual Arts, Inc.

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IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. Image source:Gettyimages].

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Copyright Intellectual Property Copying Music 52

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case.

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SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? This method involves the feeding of a large amount of data, including copyrighted works.

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Fair Use Copyright Infringement Derivative Work Copyright 49

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

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Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Thus, the decisions about what textual information to include in the training dataset are deliberate choices. This body of text is called the training dataset.

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Kluwer Copyright Blog

AUGUST 13, 2023

It is based on “ large language models ” (so called LLM ), which is “ trained by copying massive amounts of text ” (so called training dataset ) “ and extracting expressive information from it ” (see § I.2). Many kinds of material have been used to train large language models. or GPT-4) as part of its training data.

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Copyright Derivative Work Copying Copyright Infringement 98

Patently-O

DECEMBER 11, 2023

Below is the substance of our reply comments explaining why we believe the agency’s comments were ill-informed, misguided, and highly ambiguous. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

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Copyright Fair Use Copyright Law Copyright Infringement 95

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. ” Id.

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Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

FEBRUARY 14, 2024

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.” For a quick recap of the theories they are asserting, check out our recent AI Update.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). HathiTrust and Authors Guild v.

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Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Atlantic Records that “The concept of using ‘p * so wet’ as a rhetorical device in a song is neither original nor unique to plaintiff.” When Netflix refused to pay up, Cramer sued for copyright infringement.

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Copyright Copyright Infringement Music Fair Use 104

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 22-cv-7074-JST, ECF No. Emphasis in original).

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43(B)log

FEBRUARY 4, 2023

Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Is publicly cancelling a work abandonment? Would it allow fair use?

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Copyright Editing Settlement Music 62

43(B)log

SEPTEMBER 7, 2023

When she became aware of the use, she promptly sent a C&D. (It The court also rejected summary judgment on a fair use defense. Even assuming the purpose of Defendants’ use was to make the BTO ad available for commentary and criticism, that purpose itself, in the context of this case, is commercial” (citing Warhol ).

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Copyright Lately

MARCH 6, 2023

The NDA precludes Coakley from disclosing confidential information, “including without limitation, the identities of Producer’s ultimate principals and financiers and all tangible and non-tangible materials in which such information is contained.”

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43(B)log

AUGUST 11, 2022

Social norms in the relevant community could inform whether it’s an authorial contribution. Economic value: old song that wasn’t very valuable first time around; it was rerecorded with his contribution and then was used in a Vauxhall car ad. Also: what about derivative works? creation of derivative work.

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