Velocity of Content

JULY 31, 2024

These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others. No copies are made during the process of training generative AI systems.

Copyright 52

Copyright Fair Use Licensing Copyright Infringement 52

TorrentFreak

JULY 14, 2024

In the belief that the curriculum contains information supportive of the group’s cause and in the wider public interest, it’s alleged that Parrish set out to obtain a copy. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” Parrish does not support LifeWise’s mission.”

Copyright 107

Copyright Licensing Fair Use Derivative Work 107

TorrentFreak

MARCH 21, 2023

Staying true to the centuries-old library concept, only one patron at a time can get a copy. Mass Copyright Infringement or Fair Use? When lending digital content, ‘authorized’ libraries typically obtain a license or negotiate specific terms. The Internet Archive has no such license.

Publishing 134

Publishing Copyright Fair Use Copyright Infringement 134

Copyright Lately

OCTOBER 2, 2023

Even die-hard copyright geeks would be forgiven for overlooking a lawsuit first filed over three years ago by information services company Thomson Reuters against AI start-up Ross Intelligence. These copies, Ross claims, are fair use. Thomson Reuters v. “But Your Honor, how am I supposed to get home?

Fair Use 92

Fair Use Copyright Copying Copyright Infringement 92

The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers.

Copyright 113

Copyright Fair Use Publishing Marketing 113

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. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

TorrentFreak

JUNE 14, 2022

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

Publishing 107

Publishing Fair Use Copying Editing 107

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. ” This transformative use analysis took on great importance and often eclipsed the other fair use factors.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IP and Legal Filings

JULY 29, 2024

Another lesser-known problem of the authors of the schools providing educational services through the Internet is the question of the control of the distribution of copies of copyrighted works. Interstate educational uses raise more legal issues. Ensure that the users are well informed on the acceptable use of the copyrighted material.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use. Is Embedding a Display?

Social Media 140

Social Media Copyright Fair Use Licensing 140

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. .”

Copyright 112

Copyright Derivative Work Fair Use Reporting 112

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. 29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Fair use loomed large among those rights.

Fair Use 52

Fair Use Copying Licensing Copyright 52

43(B)log

JUNE 30, 2023

Informal rules became law; he was thinking that Lex Mercatoria was a metaphor for Lex Informatica, where similarly we need to think about new tools. Whether you want a map the size of the territory depends on the goal—is it collective licensing? I guess that’s rarely the big concern of people demanding collective licensing.]

Law 60

Law Licensing Social Media Copying 60

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). Writing ad copy, which authors need to sell their works.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

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.

Copyright 120

Copyright Copying Derivative Work Licensing 120

LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. See Concord Music Group, Inc. Anthropic PBC , M.D. Tenn, 3:22-cv-01092, ECF No. 1 at ¶ 1. ” Id. at ¶ 10. ” Id. at ¶ 78.

Music 52

Music Copyright Infringement Publishing Copyright 52

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 103

Fair Use Social Media Copyright Copyright Infringement 103

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D did not request authorization or a license to reproduce the image. To freehand ink the tattoo, Kat Von D created a stencil by using a light box to trace the Davis photograph. Background. For example, in Alexander v. Further Reading.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

Copyright 90

Copyright Licensing Higher Education Copying 90

Plagiarism Today

AUGUST 17, 2021

This sends the case back to the district court where other defenses, most notably fair use, will have to be weighed next. 3: Microsoft is Looking to Use the Ethereum Blockchain to Prevent Piracy. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

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. Goldsmith was unaware of these additional works.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Kashishipr

OCTOBER 27, 2021

Like all commercially viable information, APIs can also be safeguarded in the form of trade secrets, provided the entity owning it takes positive steps to maintain the information as a secret, and the same is capable of accruing substantial benefits. Accolade case, wherein Accolade had copied Sega’s API code.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Through a licensing agreement, they can give consent for other parties to utilize their creations. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. Wynk Music Ltd.

Copyright 78

Copyright Copyright Infringement Music Copying 78

LexBlog IP

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

Copyright Infringement 40

Copyright Infringement Copyright Fair Use Technology 40

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers.

Copyright 131

Copyright Copying Fair Use Editing 131

TorrentFreak

DECEMBER 13, 2023

The association is particularly concerned with the suggestion that its members’ works can be used for AI training under a fair use exception. Frodo and Gandalf faced the Balrog in Moria AI freeloading will lead to unfair competition and cause harm to licensing markets, the writers warn.

Publishing 133

Publishing Licensing Copyright Copying 133

43(B)log

MAY 2, 2023

19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

Art 59

Art Fair Use Marketing Marketing 59

TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. Anurag Thakur, Minister for Information and Broadcasting, predicted the bill would meet the needs of all. And quite rightly so.

Copying 66

Copying Fair Use Cinema Reporting 66

IP and Legal Filings

OCTOBER 23, 2021

This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. Moreover, the advent of digitalization in various industries have impacted the manner in which copyrights are marketed, licensed or consumed. Secondly, several have contended that DMCA jeopardizes fair use.

Copyright 79

Copyright Copyright Law Technology Artistic Work 79

TorrentFreak

AUGUST 14, 2021

“Without any license or any payment to authors or publishers, IA scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites.” Internet Archive Responds – Fair Use is Not Piracy.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 116

Copying Copyright Licensing Fair Use 116

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

Blogging 93

Blogging Social Media Television Fair Use 93

TorrentFreak

MARCH 7, 2023

Since most tweets relating to the initial dispute have since been deleted or disabled, here we rely on archived and cached copies for evidence. Copies of these communications have not been made public, so their nature remains unknown. The two people at the heart of the original dispute are both Twitter users.

Copyright 135

Copyright Copying Business Licensing 135

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Becker has held 10% copying to be fair use in most cases, on top of the flexible ‘ Amount & substantiality ’ factor test in its fair use doctrine.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119