Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. OpenAI made copies of Plaintiffs’ books during its training process without plaintiffs’ permission.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

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.” None of it includes copies of images. You’d be wrong.

Derivative Work 107

Derivative Work Art Copying Fair Use 107

SpicyIP

OCTOBER 9, 2024

By Tanishka Goswami Providing advantages of accessibility, affordability, and shareability among others, the swiftly expanding market for e-books stands at $17.20 The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. billion today, only to grow manifold.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

43(B)log

APRIL 7, 2021

Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do. I think that means that the jury verdict must be interpreted to have favored Google on factor four, resolving the factual part of factor four in its favor.

Marketing 40

Marketing Marketing Fair Use Derivative Work 40

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. Prince is work plus embodiment.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

LexBlog IP

APRIL 12, 2023

The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 91

Copying Ownership Derivative Work Contracts 91

43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied.

Copyright 81

Copyright Copying Publishing Cinema 81

BYU Copyright Blog

OCTOBER 7, 2024

After analyzing each factor separately, the 2nd Circuit found that digitally copying copyright-protected print books in their entirety and distributing them online with a one-to-one owned-to-loaned ratio between the print copies and the digital copies does not constitute fair use.

Fair Use 40

Fair Use Copying Publishing Licensing 40

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 116

Copyright Artwork Moral Rights Non-Fungible Tokens 116

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. is being used as code. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

JIPL Online

MARCH 15, 2021

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Trademark and Copyright Law Blog

APRIL 21, 2021

The Court concluded that the four fair use factors – the purpose and character of the use, the nature of the copyrighted work, the amount of material used and effect on the market for the copyrighted work – all favored Google. It also put great weight on Oracle’s prior failures to enter the mobile phone market.

Copying 40

Copying Fair Use Copyright Marketing 40

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

The IP Law Blog

JULY 6, 2023

The first fair use factor will now analyze whether the purpose of the use of the second work is different enough from the first to reasonably justify copying. Also, the court observed that “[c]riticism of a work…ordinarily does not supersede the objects of, or supplant, the work.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

The IPKat

JANUARY 25, 2022

For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church. As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. But of course. Her overall countenance is thinner.

Art 133

Art Artwork Copying Moral Rights 133

The IPKat

DECEMBER 20, 2023

However, putting ourselves in the shoes of the artists whose voice and art are being used to feed a machine that will then copy everything that makes them who they are, it is not difficult to comprehend Bad Bunny's reaction. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

Music 70

Music Copying Social Media Derivative Work 70

Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. Training AI models using these works could infringe on these rights, especially without authorisation.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

JULY 6, 2023

The first fair use factor will now analyze whether the purpose of the use of the second work is different enough from the first to reasonably justify copying. Also, the court observed that “[c]riticism of a work.ordinarily does not supersede the objects of, or supplant, the work.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 19, 2023

” The “transformative use” analysis is part of this factor, but not the whole factor: “Although new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive of the first factor.” of a commercial nature. .”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Kluwer Copyright Blog

AUGUST 7, 2023

Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

APRIL 15, 2024

TDM is primarily a process of deriving data by analysing patterns and learning from it in order to create new results. This method involves the feeding of a large amount of data, including copyrighted works. Moreover, it is also necessary for the program to make copies of the information before it analyses it.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” and now declares itself the copyright owner of the copyrighted work in suit.

Copyright 124

Copyright Licensing Fair Use Derivative Work 124

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. This limited edition Dune book may be one of 10 copies of this hardback auctioned.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. Under governing law, that is a judicial function. As we explained in our initial Comments, U.S.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Plagiarism Today

DECEMBER 1, 2021

He is briefly dubbed a copycat for simply having some similar ideas to an earlier work, but yet a new derivative work can come along and find even greater success. For those trying to create original works, it raises the question: Why bother? They’ll be copied into oblivion. Why Bother?

Plagiarism 251

Plagiarism Derivative Work Copying Licensing 251

Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. On infringement, the judge found that the similarities were sufficiently close to be more likely a result of copying than coincidence and so it was for Tesco to explain those similarities.

Copyright Infringement 58

Copyright Infringement Copyright Copying Artistic Work 58

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 92

Fair Use Licensing Copying Artwork 92

Technology & Marketing Law Blog

OCTOBER 6, 2022

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat.

Blogging 143

Blogging Fair Use Copyright Infringement Licensing 143