SpicyIP

JANUARY 29, 2025

Is Training of GenAI Models Fair Use? We Might Know Soon The 3rd issue framed by the Court will deal with the question of fair use, wherein the question is whether using the plaintiff’s data or copyrighted content constitutes fair use under Section 52 of the Copyright Act.

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TorrentFreak

FEBRUARY 22, 2024

The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use?

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Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” ” Amount taken: “Townsquare copied the entire Jordan video. .”

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SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use.

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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. Most of these involve the unauthorized use of third-party copyrighted works to fuel generative AI systems.

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Litigation Copyright Copyright Infringement Fair Use 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Amount Taken. 21-2021 (4th Cir.

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Plagiarism Today

OCTOBER 4, 2022

However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. Fair Use – That the use of the tattoos was a fair use, meaning that the use was transformative enough to not be an infringement of the original work.

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43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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Velocity of Content

FEBRUARY 26, 2025

Nonetheless, on February 11, the Ross case did in fact become the first US decision on the merits to directly address copying to train AI. The case arose out of the surreptitious copying of the entire Westlaw database (after having been denied a license) by a company that wanted to create an arguably competing product.

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Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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TorrentFreak

AUGUST 17, 2024

Like many other AI companies, it believes that the use of copyrighted data for AI training is a prime example of fair use; especially when the output of the model doesn’t reproduce copyrighted works. This shows that both parties intend to take their time to properly litigate the matter.

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TorrentFreak

JUNE 24, 2024

As developers of generative AI models and services continue to progress at a startling pace, it was only a question of when the RIAA would select the perfect litigation candidate, for the purpose of drawing a line in the sand. ” As far as the labels are concerned, defenses based on fair use are inapplicable here.

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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. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

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Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Unique Industries , the 3rd Circuit Court of Appeals ruled that masks broadly fall outside the “useful article” classification and do qualify for copyright protection.

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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.

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The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

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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.

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TraskBritt Intellectual Property

APRIL 10, 2021

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). In Google LLC v. 18-956, 2021 U.S. Software and IP.

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Copyright Lately

SEPTEMBER 29, 2024

In May, State Farm filed a motion to dismiss the lawsuit (read here) , arguing that Atari was “seeking a windfall for the inadvertent and fleeting use of a decades-old arcade game.” The Fair Use Defense The court also denied State Farm’s motion to dismiss Atari’s copyright claim based on the fair use defense.

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Plagiarism Today

OCTOBER 19, 2022

According to Davis, he used the prompt “sparse matrix transpose, cs_” only to have Copilot produce code very similar to his earlier, open-source work. However, the Copilot version did not come with the LGPL license, a requirement of using code under that license, nor was there any indication that it was copied.

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IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

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TorrentFreak

OCTOBER 1, 2023

” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?” Who hasn’t seen copies of well-known tracks uploaded in full and protected by the statement: “I do not own this song. .” ” Similar gems are a regular occurrence on YouTube.

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IP Watchdog

APRIL 10, 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.

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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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Copyright Lately

DECEMBER 29, 2021

This is actually the second year in a row that long-running copyright litigation involving Pirates of the Caribbean has made my “worst of” list. Judge Rakoff held that the fact that Sinclair didn’t actually possess a copy of Nicklen’s video didn’t mean that Sinclair wasn’t responsible for displaying it. Walt Disney Company.

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TorrentFreak

SEPTEMBER 30, 2021

Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., These include misuse of copyright, fair use, unclean hands, and excessive damages. — A copy of John Doe’s first amended answer and counterclaims, filed at a federal court in Texas, is available here (pdf). Fifteen in total.

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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.

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JD Supra Law

JULY 16, 2021

After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. But does the decision mean that all API code is now “fair game” for software developers. By: Farella Braun + Martel LLP

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Barry Sookman

FEBRUARY 25, 2024

… The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman. … The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman.

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Velocity of Content

JANUARY 7, 2025

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. While LLMs are a significant and new technology and may be capable of multiple non-infringing uses, not every use of them with copyrighted material is transformative.

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IP Watchdog

MARCH 5, 2023

Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

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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.

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IP Law 360

MARCH 4, 2025

ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.

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BYU Copyright Blog

SEPTEMBER 6, 2021

(“Lehren”), claiming that Lehren copied “significant portions” of its website.Since then, Lehren has responded to these allegations. On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.” We will follow this lawsuit and provide updates as they become available.

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The IP Law Blog

SEPTEMBER 30, 2022

Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media. Making a copy of a video or audio recording. Recording a live concert or a presentation at a conference.

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43(B)log

FEBRUARY 18, 2022

When, how and why would you seek permission to use persona. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. RT: Litigated cases about influencers might have the contracts as part of the record. You can cluster fair use cases.

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