LexBlog IP

SEPTEMBER 28, 2023

Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement. Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement.

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TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. Fair Use Defenses. and 10 ‘Doe’ defendants.

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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. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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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. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

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LexBlog IP

SEPTEMBER 12, 2023

The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. It concludes by emphasizing the significance of being well-informed to mitigate legal risks and make informed decisions for AI startups.

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Traverse Legal Blog

SEPTEMBER 12, 2023

The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. It concludes by emphasizing the significance of being well-informed to mitigate legal risks and make informed decisions for AI startups.

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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. for Visual Arts, Inc.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

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Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? Whether the Process of TDM Amounts to Copyright Infringement? Google Inc.

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JIPEL Copyright Blog

MARCH 9, 2022

So perhaps it has never been timelier that museums further explore and embrace the use of augmented and virtual reality (“AR” and “VR”). There are clear advantages to the use of these technologies in the museum context. There are clear advantages to the use of these technologies in the museum context.

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SpicyIP

JUNE 26, 2024

A general lack of clarity on the issue of information asymmetry and inaccessibility for PwDs was recently brought to light in the matter of Prof. Under the current copyright framework, although fair use permits the creation of accessible copies, authors and publishers remain cautious due to concerns about potential copyright infringement.

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IIPRD

SEPTEMBER 29, 2022

It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. New Verities Of Hybrid IP Infringements aside from conventional infringements of intellectual property , pose a high challenge to the enforcement authorities.

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TorrentFreak

AUGUST 29, 2023

Authors Sue OpenAI According to several authors, large language model training sets shouldn’t be permitted to use every piece of text they come across online. In their lawsuit filed in June , book authors Paul Tremblay and Mona Awad accused OpenAI of direct and vicarious copyright infringement, among other things.

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IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 3] Algorithms use existing information and art to learn to create novel looking pieces. [4]

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Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Thus, the decisions about what textual information to include in the training dataset are deliberate choices. Vicarious Copyright Infringement (17 U.S.C. §

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LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

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Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). All those rights belong exclusively to Plaintiffs under copyright law(see 17 U.S. 35 quoting OpenAI’s paper introducing GPT-4 dated March 2023).

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Patently-O

DECEMBER 11, 2023

Below is the substance of our reply comments explaining why we believe the agency’s comments were ill-informed, misguided, and highly ambiguous. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. On that point, time will tell. Under governing law, that is a judicial function.

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LexBlog IP

FEBRUARY 14, 2024

The class of plaintiff authors seeking to hold OpenAI liable for copyright infringement has faced yet another setback. Vicarious copyright infringement (Count II) – DISMISSED OpenAI argued that this claim fails because plaintiffs did not make a threshold showing of direct infringement.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Will folks ever get tired of suing Taylor Swift over ridiculous copyright claims ? Even though Cramer v. But not Polychron.

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SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side Image from here RTI applications are often responded to with dodgy replies and incorrect information. Md Sabeeh Ahmad writes on the proposed changes to the timelines in the patent prosecution process.

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43(B)log

SEPTEMBER 7, 2023

Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads. Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

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Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

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Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Emphasis in original).

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Copyright Lately

MARCH 6, 2023

The NDA precludes Coakley from disclosing confidential information, “including without limitation, the identities of Producer’s ultimate principals and financiers and all tangible and non-tangible materials in which such information is contained.”

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