TorrentFreak

SEPTEMBER 28, 2023

According to the tech company, there are no viable claims for vicarious copyright infringement, DMCA violation, unfair competition, and unjust enrichment. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage. copyright law.

Fair Use 109

Fair Use Copyright Copyright Infringement Derivative Work 109

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.

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

TorrentFreak

MAY 11, 2023

’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. With no license in place, Bungie said that every download and every play of Destiny 2 amounted to copyright infringement, potentially placing L.L. Bungie says that each time L.L. ’s license.

Derivative Work 130

Derivative Work Contracts Copyright Infringement Licensing 130

LexBlog IP

MAY 22, 2023

” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.” Goldsmith countersued, claiming copyright infringement of her photograph. ” The artist was none other than Andy Warhol. § 107 ).

Fair Use 52

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Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? Figure 1 – Microsoft Copilot reproducing an excerpt of a copyright-protected work. the third criterion).

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Copyright Higher Education Copyright Infringement Ownership 122

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. However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say.

Copyright 125

Copyright Fair Use Copyright Infringement Copying 125

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. .”

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LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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Derivative Work Copying Copyright Infringement Copyright 52

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

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. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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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.

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Fair Use Copyright Privacy Copying 105

Technology & Marketing Law Blog

JUNE 20, 2023

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

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Fair Use Derivative Work Blogging Licensing 98

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. ” OpenAI’s arguments instead focused on vicarious liability and failure to state a claim under Section 1202(b) of the Digital Millennium Copyright Act (the “DMCA”).

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

LexBlog IP

MAY 19, 2023

Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. AWF sued Goldsmith for declaratory judgment, including on fair use grounds, and Goldsmith countersued for copyright infringement. is (in copyright lingo) not ‘transformative.’”

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Fair Use Derivative Work Licensing Copyright Infringement 40

IP and Legal Filings

MAY 15, 2024

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. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display. References.

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Licensing Intellectual Property Ownership IP 96

Kluwer Copyright Blog

JULY 24, 2024

If output works infringe copyright, who is responsible (e.g. prompt filtering) to try to reduce the risk of copyright infringement in outputs? There was almost no reference to ownership of training data that had come from parties other than the contractual partners. user, service)?

Copyright 130

Copyright Ownership Social Media Licensing 130

LexBlog IP

JUNE 5, 2023

Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. ” Id.

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Patently-O

DECEMBER 11, 2023

45, to bring enforcement actions aimed at activities, including those involving the training and use of AI, that might involve copyright infringement—although we would note that the copyright consequences of AI are, as yet, undefined. That is far too hasty. Under governing law, that is a judicial function.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The Court in Campbell emphasized that transformative fair uses leave “breathing space” for next generation creations that build on the expression of pre-existing works.

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Fair Use Derivative Work Art Licensing 124

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

Kluwer Copyright Blog

JUNE 16, 2021

The defendants argued that such term refers to both the elements taken from the song ‘I Lived’ and the ‘Arty Elements’, i.e. the composition that underlies the remix. Absent either of these, they will likely be unable to invoke any copyright over their derivative works under US copyright law. by Tito Rendas. €

Music 98

Music Copyright Law Copyright Law 98

IP and Legal Filings

JUNE 29, 2024

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. This is where it usually becomes difficult to draw a fine line between fair use and copyright infringement.

Personality Rights 96

Personality Rights Fair Use Privacy Intellectual Property Law 96

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

Corsearch

MARCH 13, 2023

We also provide a full suite of Entertainment Availability and Copyright search offerings which include a Full US Copyright Search, enabling you to learn everything about the original copyright, registration, renewals, and all derivative works for the copyrighted work.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

SpicyIP

SEPTEMBER 4, 2023

Considering that cause of action is a matter of fact, the court held that if the same has been pleaded even without specific reference to the relevant provision (here Section 20 of the CPC), the suit will be maintainable. DLT Global v.

Cease and Desist 94

Cease and Desist Patent Prosecution Trademark Derivative Work 94

Kashishipr

JULY 13, 2022

On the other hand, VR refers to a way of generating realistic sounds, images, and other sensations leading people to the middle of an imaginary world. That said, solely artificial worlds won’t be denied copyright protection only because they are realistic. It is the primary technology of the metaverse.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. Will folks ever get tired of suing Taylor Swift over ridiculous copyright claims ? Teresa La Dart, the author of a 2010 poetry book called Lover , filed a copyright infringement lawsuit over a companion book for Swift’s 2019 album of the same name.

Copyright 106

Copyright Copyright Infringement Music Fair Use 106

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Fifteen minutes of fame, meet permanent ink. A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

Fair Use 88

Fair Use Social Media Licensing Marketing 88

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. One such area where copyright violations are common is the internet.

Non-Fungible Tokens 95

Non-Fungible Tokens Copyright Intellectual Property Ownership 95

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Trademark Ownership and Infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. 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.

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Copyright Copying Copyright Infringement Editing 53

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

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 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 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 52

Fair Use Licensing Cease and Desist Derivative Work 52

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. factor weighs in favor of fair use. .”

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

SpicyIP

SEPTEMBER 16, 2024

Titles of works are not considered suitable subjects for copyright protection, as they are essentially names of the work and are not complete by themselves without the work. After establishing the above, the court proceeded to the question of deceptive similarity, referring to Amritdhara Pharmacy v.

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Registration Television Trademark Trademark Law 89