IPilogue

DECEMBER 7, 2021

There is no copyright in facts and historical events; however, writers can claim copyright in their letters if they are sufficiently original. While this alone is not sufficient to give rise to a claim for copyright infringement, Dorland and the protagonist do express similar sentiments.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement.

Copyright 102

Copyright Settlement Licensing Litigation 102

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Bloggers play an increasingly important role in the research ecosystem, especially as investigative journalism has declined. Fair use is supposed to protect research bloggers in these circumstances.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

SpicyIP

MARCH 30, 2025

Now, one obvious question that arises from the copyright infringement perspective is this- once the text is converted into tokens, given a token ID, abstracted into numeric representations being vectors and word embeddings- Is any expression, which the copyright ostensibly seeks to protect, left in the work? 301 & 302).

Copyright 65

Copyright Fair Use Copyright Infringement Copying 65

TorrentFreak

JUNE 30, 2023

Authors Sue OpenAI for Copyright Infringement This week, authors Paul Tremblay and Mona Awad filed a class action lawsuit against OpenAI, accusing ChatGPT’s parent company of copyright infringement and violating the DMCA, among other things. Congress recently stating that it doesn’t plan to overreact.

Copyright Infringement 145

Copyright Infringement Fair Use Copyright Journalism 145

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.

Fair Use 138

Fair Use Journalism Reporting Technology 138

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

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

Fair Use 75

Fair Use Journalism Copyright Infringement Copying 75

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

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.

Litigation 52

Litigation Copyright Copyright Infringement Fair Use 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.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 94

Copyright Fair Use Designs Design 94

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. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws.

Copyright Law 104

Copyright Law Copyright Fair Use Law 104

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Patently-O

AUGUST 31, 2021

Although the Supreme Court eventually sided with Google on fair use grounds, it did not disturb the Federal Circuit’s copyrightability decision that strongly supported copyright protection even for functional software. Stern, Copyright in Computer Programming Languages , 17 Rutgers Computer & Tech.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Velocity of Content

JANUARY 31, 2023

I don’t find this argument convincing given the ability today to license many content types at scale for TDM, including images, music and yes, journal articles (See “Full disclosure” above), but it is an argument often offered by infringers. Open licenses can create a very practical challenge for users who go beyond the terms.

Licensing 98

Licensing Fair Use Journalism Publishing 98

Dear Rich IP Blog

SEPTEMBER 17, 2024

The website does not have a notice about not being allowed to use them. Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? How do you tell if materials are public domain or fit under fair use?

Public Domain 52

Public Domain Fair Use Copying Copyright Notice 52

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. On September 4, the Second Circuit affirmed. For research. Also: consent, amiright?

Publishing 100

Publishing Copying Fair Use Licensing 100

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

SpicyIP

FEBRUARY 17, 2025

Vibhas Bhutani vs Saurabh Katar on 10 February, 2025 (Delhi District Court) The plaintiff proprietor of M/s Zana International, alleged that the defendant infringed on his registered designs for motorcycle accessories and claimed copyright infringement. and others. Defendant No.

Trademark 58

Trademark Copyright Registration Personality Rights 58

SpicyIP

FEBRUARY 17, 2023

And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments Tanvi Agarwal Image from here Back in December 2020, three major publishing houses had filed a copyright infringement suit against ‘Sci-Hub’ and ‘Libgen’ in the Delhi High Court. What about royalties and consideration?

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

JANUARY 15, 2025

Whether youre sharing a physical copy or forwarding a digital file, the act of reproducing or distributing a copyrighted work typically requires permissioneven if it is limited to internal use. Copyright law protects not only the overall work (e.g., Is the Dataset Youre Using Protected by Copyright?

Licensing 52

Licensing Copyright Copyright Law Copying 52

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.

Copyright 52

Copyright Journalism Art Business 52

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. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] & LEGAL RSCH.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. In case you’re interested, here’s a link to a journal article I wrote about the Romantics v. What’s Next?

Music 93

Music Copyright Copying Copyright Law 93

Technology & Marketing Law Blog

AUGUST 1, 2023

As a result, courts have recognized three types of liability for copyright infringement: direct infringement (“to do” any one of the five exclusive rights), contributory infringement (“to authorize” another to directly infringe) and vicarious liability (based on the relationship between the direct infringer and the person sought to be held liable).

Blogging 98

Blogging Copying Social Media Copyright 98

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. For further details, please see the announcement.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

43(B)log

JUNE 26, 2023

Copyright: infringement can occur when someone else copies “the author’s original contributions” to the subject work — that is, “the original way in which the author has ‘selected, coordinated, and arranged’ the elements of his or her work,” even if those elements, standing on their own, are not protectable.

Social Media 59

Social Media Copying Fair Use Advertising 59

Traverse Legal Blog

APRIL 11, 2025

Copyright owners across industries are fighting back, and the courts are starting to weigh in. Ross Intelligence rejected a fair use defense in an AI training context. It marked a clear warning: copyright law still applies in the age of AI. Nature of the copyrighted work Is the original factual or creative?

Fair Use 52

Fair Use Copyright Licensing Copyright Infringement 52

Intepat

JANUARY 17, 2025

These publishers have filed numerous lawsuits alleging copyright infringement, aiming to shut down the platform. The court recognized the delicate balance between the rights of users and copyright holders, emphasizing the instability of current copyright frameworks in the digital era.

Copyright 52

Copyright Copyright Infringement Copyright Law Publishing 52

Kluwer Copyright Blog

JANUARY 21, 2025

Last year was another busy one in the copyright world, with an increasing focus on the relationship between AI and copyright, ongoing European copyright reform, a number of landmark CJEU decisions and notable developments in a number of jurisdictions. Is Generative AI Fair Use of Copyright Works?

Blogging 52

Blogging Copyright Copyright Infringement Copyright Law 52

Velocity of Content

JANUARY 13, 2025

What has changed is that creators are now directly expressing the need for consent prior to use. Data or, as we like to call it, books, journals, songs, and other creations of human ingenuity, creativity, and culture is continuously being created. Uniquely, under EU copyright law, silence implies consent to that specific exception.

Licensing 52

Licensing Publishing Copying Journalism 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? 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?

Copyright 131

Copyright Blogging Publishing Fair Use 131