The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

Plagiarism Today

SEPTEMBER 28, 2022

Gibson, the creator of The Shadow, referred to Batman as a “clowned-up version of The Shadow.”. Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced.

Plagiarism 212

Plagiarism Copying Publishing Derivative Work 212

Plagiarism Today

AUGUST 29, 2022

This means that a majority of published research is hidden behind paywalls and not available to those that don’t or can’t pay for access to it outside of pirated copies. To that end, most have adopted an “author pays” system, where the author(s) pay for an article processing charge (APC), commonly referred to as a publication fee.

Journalism 242

Journalism Derivative Work Publishing Licensing 242

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. For works published before 1978, that is 95 years after publication meaning that works from 1926 expired into the public domain at the start of the year. They are free of copyright.

Public Domain 211

Public Domain Music Derivative Work Licensing 211

TorrentFreak

JANUARY 17, 2024

Without obtaining permission, Lokka made a copy of the report, added his own subtitles, and then retransmitted the new version to the public via Twitter. When he copied and then rebroadcast the news report, that was copyright infringement. Subtitle Defense 2.0:

Copyright 125

Copyright Derivative Work Fair Use Reporting 125

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Switzerland (scientific research) g. Doesn’t protect style E.

IP 115

IP Derivative Work Intellectual Property Art 115

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

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

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.

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

IP and Legal Filings

MAY 3, 2024

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 103

Fair Use Copyright Privacy Copying 103

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

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

LexBlog IP

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI? Stability AI Ltd.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Want to Create New Derivative Works?

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

LexBlog IP

SEPTEMBER 28, 2023

It is not enough for the output to merely be “based upon” another work, Open AI argued. 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.’”

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

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. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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 78

Copyright Copying Publishing Cinema 78

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

OCTOBER 26, 2023

” OpenAI has responded to the Plaintiffs’ claims that OpenAI’s popular platform ChatGPT has infringed their copyright with disaster-laden references to Michael Jordan and “the future of artificial intelligence.” OpenAI reads like that old REM song, “The End of the World as We Know It.”

Copying 52

Copying Derivative Work Copyright Copyright Infringement 52

LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

Fair Use 52

Fair Use Art Licensing Derivative Work 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

Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. These arguments are deeply flawed and gloss over crucial technical and legal issues.

Licensing 52

Licensing Fair Use Copying Copyright 52

TorrentFreak

SEPTEMBER 7, 2021

However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. Fair Use Defenses.

Copyright 126

Copyright Fair Use Copyright Infringement Copying 126

IP and Legal Filings

MAY 15, 2024

It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display. References. Main Blog Unlicensed use of any content registered under the Copyright Act, 1957 , violates the exclusive rights of the owner and amounts to copyright infringement.

Licensing 92

Licensing Intellectual Property Ownership IP 92

TorrentFreak

SEPTEMBER 28, 2023

To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. In that case, the court rejected the fair use argument and referred the matter to trial. .” Given that, OpenAI’s arguments regarding fair use are wholly misplaced.

Fair Use 111

Fair Use Copyright Copyright Infringement Derivative Work 111

LexBlog IP

JUNE 5, 2023

In a narrower sense, a use may be justified because copying is reasonably necessary to achieve the user’s new purpose.” “Such licenses, for photographs or derivatives of them, are how photographers like Goldsmith make a living. ” The license provided that the use would be for “one time” only.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band).

Music 98

Music Copyright Law Copyright Law 98

Plagiarism Today

DECEMBER 1, 2021

Mr. Beast makes it abundantly clear at multiple points in the video that his work is based on Squid Game , and he repeatedly references the show throughout. The source of the work was very heavily cited throughout. For those trying to create original works, it raises the question: Why bother? Why Bother?

Plagiarism 259

Plagiarism Derivative Work Copying Licensing 259

Kluwer Copyright Blog

APRIL 3, 2024

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. On the judge’s substantial part finding, Tesco argued on appeal that Tesco had not copied what was original to the author of the Stage 3 Work.

Copyright Infringement 58

Copyright Infringement Copyright Copying Artistic Work 58

The IPKat

SEPTEMBER 24, 2023

The problem is not human, but the work In fact, the whole issue is not about a person, but about a work. So, there is no literal and non-literal copying of a work. A work is always just a creative combination of elements such as words, sounds, shapes or colors. This is pure fiction.

Copyright 138

Copyright Derivative Work Music Copying 138

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .” Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Patently-O

DECEMBER 11, 2023

so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. The FTC Comments do not explicitly refer to or analyze the substantial body of court decisions holding that a range of non-expressive uses of copyrighted works are fair uses.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). See, e.g., White v. See also Prof.

Copyright 50

Copyright Copying Copyright Infringement Editing 50

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Ultimately, and by referring to Case C-393/09 – Bezpečnostní softwarová asociace , purely AI-generated works, where the output is for the most part dictated by the constraints of the AI system, will likely not qualify for copyright protection under the principles derived from copyright law. the third criterion).

Copyright 122

Copyright Higher Education Copyright Infringement Ownership 122