IPilogue

AUGUST 4, 2021

Is GitHub Copilot a Copyright Infringer? While Ziegler’s use of the word “mostly” may not reassure those fearing copyright infringement, his paper highlights two details that might. Photo by Christopher Gower ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. .

Copyright Infringement 111

Copyright Infringement Copyright Licensing Intellectual Property Law 111

Copyright Lately

OCTOBER 20, 2024

Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. It sought $94.4 million in disgorged profits.

Copyright 86

Copyright Fair Use Social Media Business 86

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

They argue that AI models trained on their catalog without permission amount to copyright infringement, much like streaming services before licensing agreements were established. Lawsuits have already been filed against AI developers, demanding transparency on data sources and compensation for artists whose works are used to train AI.

Copyright 52

Copyright Fair Use Music Intellectual Property 52

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. This has important implications for the doctrine of fair use.

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Fair Use Derivative Work Blogging Licensing 98

TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement. RIAA, MPA, et al.

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Publishing Copyright Fair Use Intellectual Property Law 144

TorrentFreak

JUNE 30, 2023

How these and other copyright questions will be dealt with is not entirely clear. Governments around the world are taking different approaches, with U.S. According to the authors, ChatGPT was partly trained on their copyrighted works, without permission. Congress recently stating that it doesn’t plan to overreact.

Copyright Infringement 145

Copyright Infringement Fair Use Copyright Journalism 145

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.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

Intepat

DECEMBER 18, 2024

This principle is key for podcasters, as it means that if Podcaster A accuses Podcaster B of copying their interview format, the claim would likely fail because formats and factual content are not copyrightable. The key aspects of a podcast that are covered by copyright include: 1.Music: Also, in the Indian Musicians Association v.

Licensing 52

Licensing Copyright Public Domain Music 52

SpicyIP

FEBRUARY 3, 2025

Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data? Is training of GenAI models fair use? Read the second part of Bharathwaj Ramakrishnans post on the ANI vs OpenAI Copyright Litigation, analysing the issues framed by the Delhi HC.

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Copyright Trademark Litigation Copyright Infringement 95

IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

SpicyIP

MAY 17, 2022

is infringing its copyright work by playing them at various social events at commercial venues. Scaria by the Delhi High Court as an expert to interpret one of the key fair use provisions for sure is a whiff of fresh air and hopefully will kick starts a much-needed trend of such appointments.

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Copyright Fair Use Intellectual Property Copyright Infringement 128

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. HLG ultimately filed suit for copyright infringement.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

Intepat

APRIL 23, 2021

Google claims that it has done this to ensure interoperability among software and to attract already existing developers to its platform so that developers would be comfortable using a similar coding environment. The jury, in this case, held that the re-implementation of 37 Java APIs was protected by fair use.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. Australia).

Copying 52

Copying Fair Use Copyright Law Copyright 52

IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. Though national governments are attempting to address copyright risks, the internet goes beyond borders. If a video condenses the film into short clips summarizing the plot, would you choose to watch the video instead? million subscribers.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

SpicyIP

MAY 1, 2023

14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. The problem is how do you license all the copyrighted images/information available on the web? Some have argued in favour of fair use, at least in the US context.

IP 129

IP Licensing Fair Use Moral Rights 129

Kluwer Copyright Blog

OCTOBER 3, 2023

The Common Crawl dataset is owned by a non-profit, which makes the data available to the public for free — but it is intended to be used for research and education and, according to the plaintiffs, it was never intended to be turned into an AI product for commercial use (see here and here ). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

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Fair Use Privacy Copyright Technology 137

TorrentFreak

AUGUST 20, 2023

To protect the interests of these businesses around the globe, copyright holder groups can count on help from the U.S. Government. IIPA is particularly concerned that South Africa isn’t doing enough to deter copyright infringement. They argue that protesting a fair use policy inspired by U.S.

Copyright 98

Copyright Fair Use Copyright Law Law 98

Intepat

DECEMBER 25, 2024

This article explores the scope of database protection, focusing on the concept of originality and its role in copyright law. It examines the legal frameworks governing database in India and globally, comparing approaches and addressing the challenges faced by creators in protecting their intellectual property.

Copyright 52

Copyright Intellectual Property Copyright Law Fair Use 52

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. emphasized the fair use and dealing of copyrighted matters under section 52(1)(a) of the Act.

Copyright 98

Copyright Copyright Infringement Music Copying 98

SpicyIP

OCTOBER 14, 2024

In this two-part post, Lokesh Vyas examines the legal framework governing academic participation in the judicial process, tracing its roots to Soviet-inspired codes. Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Discussing the US decision in Hachette Book Group v.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

IP and Legal Filings

JUNE 29, 2024

Entertainment, a company incorporated by the famous music composer, singer and lyrist Daler Mehndi, sought a permanent injunction prohibiting infringement of his publicity rights and deceptive endorsements that could result in passing off. Copyright laws also provide plausible remedies for enforcing one’s right to personality.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

Copyright 145

Copyright Art Registration Fair Use 145

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge. Skull arm design.

Fair Use 88

Fair Use Design Designs Licensing 88

SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post.

Copying 59

Copying Editing Licensing Copyright 59

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.

Copyright 128

Copyright Fair Use Copying Law 128

TorrentFreak

MAY 24, 2022

When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. Seventeen years later, with billions of internet users now both consumers and creators of content, people are becoming more educated.

Editing 145

Editing Copyright Television Copyright Law 145

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Question 2 gave us some clues. user, service)?

Copyright 135

Copyright Ownership Social Media Licensing 135

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. Under governing law, that is a judicial function. On that point, time will tell.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

IP and Legal Filings

OCTOBER 12, 2023

Main Body The subject matter of copyright protection is the literary, artistic, dramatic, musical, and cinematographic films and sound recordings, whichare governed by the Indian Copyright Act, 1957 which allows creators to distribute, reproduce, sell, assign, and display their work by ensuring the protection of their intellectual property.

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

JANUARY 16, 2024

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

Derivative Work 135

Derivative Work Copyright Infringement Copying Copyright 135

IP and Legal Filings

JULY 29, 2024

This make chances of piracy and copyright infringement higher because lots of course encompasses material such as video, powerpoint presentation, and text among others, which once created can be duplicated and distributed by people other than the original creator. Interstate educational uses raise more legal issues.

Copyright Law 104

Copyright Law Copyright Law Copyright Infringement 104

TorrentFreak

JULY 14, 2024

However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.

Copyright 127

Copyright Licensing Fair Use Derivative Work 127

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

SpicyIP

JULY 12, 2021

While the most controversial provision in the new Bill has been found to be the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film, there are additional concerns regarding how the new amendments interact with existing anti-piracy provisions in the Copyright Act, 1957.

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Copyright Copyright Infringement Copying Fair Use 105