Velocity of Content

JANUARY 7, 2025

The full article can be read in the Journal of the Copyright Society. The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. Nevertheless, some uses of LLMs and their training may be found to be fair use.

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Copyright Licensing Fair Use Journalism 52

TorrentFreak

FEBRUARY 27, 2024

.” ‘Hired Guns Don’t Stop Evolving Technology’ The OpenAI defendants continue their motion to dismiss by noting that AI is yet another technical evolution that will change the world, including journalism. However, OpenAI notes that the suggestion that its activities threaten journalism is overblown, or even fiction.

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SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

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Velocity of Content

MAY 24, 2023

If the content in the presentation was previously published in a journal or other third-party publication, it may well require permissions for reuse, even if it is the result of your own or your client’s research. Keep in mind that all copyright rights in the content are often transferred to the publishing journal.

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IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

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Fair Use Journalism Copyright Infringement Copying 75

TorrentFreak

JUNE 30, 2023

AI, Piracy and Copyright There is no direct evidence that OpenAI used pirate sites to train ChatGPT. That said, it is no secret that some AI projects have trained on pirated material in the past, as an excellent summary from Search Engine Journal highlights. Some experts believe that this type of AI training can be considered fair use.

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Copyright Infringement Fair Use Copyright Journalism 145

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. When the electronic book is “checked out,” the physical copy is removed from circulation.

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TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

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TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

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Copyright Infringement Copyright Publishing Copying 126

SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. Analysing the impact of Indian copyright law on fair use in academic and critical writing.

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Blogging Intellectual Property Journalism Social Media 58

Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes.

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Litigation Copyright Copyright Infringement Fair Use 52

IP and Legal Filings

FEBRUARY 15, 2023

Digital Era And Copyright Infringement- Issues Easy Accessibility Online Now days the use of internet and online based systems has increased manifolds and it is no more a complex task to gather or collect any data from the internet. Kim cartoon and Ors. , 2019 SCC Online Del 8002 Disney Enterprise inc. Kim cartoon and Ors.,

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Dear Rich IP Blog

SEPTEMBER 17, 2024

Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? The PowerPoint slides may be available, viewable, and even downloadable, but that does not give you the right to copy and republish them. There is no statement forbidding copying.

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Patently-O

AUGUST 31, 2021

The software at issue here is most aptly described as a programming language that consists of a set of functions & options that the plaintiff calls “input formats” used to produce formatted reports. Law Journal Reading List from the Briefs: Paul Goldstein, Infringement of Copyright in Computer Programs , 47 U.

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Is scraping/text and data mining legal? Impact of Warhol, esp for GenAI) b. Japan (Art. 47 septies ) e. and Mazur, J.

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IP Derivative Work Intellectual Property Art 124

Velocity of Content

JANUARY 31, 2023

The making of copies to perform text and data mining, machine learning, and AI training (collectively “TDM”) without additional licensing is authorized for commercial and non-commercial purposes under CC BY , and for non-commercial purposes under CC BY-NC. Open licenses can create a very practical challenge for users who go beyond the terms.

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Licensing Fair Use Journalism Publishing 98

Velocity of Content

DECEMBER 4, 2024

The full article can be read in the Journal of the Copyright Society. In addition to copyright liability for using copyrighted works as inputs without permission, there is a lot of discussion about how to treat outputs—those things generated by the AI systems built on training involving copyrighted works. & Tech. 1997); Melville B.

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Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. The music industry has already fired a shot about the new TDM exception.

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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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 98

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. The New York Times is claiming damages and an order to stop OpenAI and Microsoft from using any of its articles.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

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Music Copyright Copying Copyright Law 93

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. It creates ‘Secure Distribution’ of content which generally use encryption and digital watermarks (Pandey).

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Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

JANUARY 15, 2025

Internal Use Cases That May Require Licensing Internal reuse of copyrighted content by data scientists may seem benign, but it can still potentially infringe on the rights of the copyright holder. Here are some common examples, and why they could be potentially infringing: Sharing copies of a scientific article with colleagues on your team.

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Licensing Copyright Copyright Law Copying 52

IP and Legal Filings

JANUARY 13, 2023

Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. The defence only applies to the extent of a plaintiff’s copyrighted work’s usage, not how the defendant uses it.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

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43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. The court found that this situation “presents the rare instance of ‘very close copying’ of Plaintiff’s original expression of elements that is nearly indistinguishable from the infringing work.”

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Social Media Copying Fair Use Advertising 59

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Many of these issues on the trademark side could be addressed in the Jack Daniels matter if the US Supreme Court grants cert. According to the cert. ’” Cert.

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The IPKat

AUGUST 6, 2023

And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. originality, what is idea and what is expression, what are the elements of and standards for substantial similarity and in the USA, fair use.

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Intellectual Property Law Intellectual Property Law Copyright Law 52

Traverse Legal Blog

APRIL 11, 2025

Ross Intelligence rejected a fair use defense in an AI training context. While these court cases will no doubt go on for years, the implications for companies using AI tools, companies building AI tools, and everyone in between are at risk right now. It marked a clear warning: copyright law still applies in the age of AI.

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Fair Use Copyright Licensing Copyright Infringement 52

Velocity of Content

NOVEMBER 25, 2024

The full article can be read in the Journal of the Copyright Society. 3 In the latter case, although peer-to-peer file sharing was also a dual use technology, its “promotion” as an infringement tool led the court to find Grokster secondarily liable under a doctrine of inducement borrowed at least in part from patent law. Dreyfuss eds.,

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Velocity of Content

JANUARY 13, 2025

We begin with a TL/DR on the NY Times article: AI was trained by copying massive amounts of content from online sources without the consent of the content owners. What has changed is that creators are now directly expressing the need for consent prior to use. AI training involves the making of copies. Of course not.

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Licensing Publishing Copying Journalism 52

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

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Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

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43(B)log

APRIL 11, 2025

It makes us more divided, suspicious, lonelier, and less curious. Bite-size journalism makes people more black-and-white in their thinking, less nuanced. More relevantly to attention in particular, copyrights fair use test distinguishes between unauthorized uses that are justified and unauthorized uses that use anothers work merely.

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