IP Watchdog

FEBRUARY 1, 2024

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act.

Fair Use 116

Fair Use Copyright Infringement Copyright Law Litigation 116

IP Watchdog

AUGUST 9, 2022

that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. Pub Ocean Ltd.

Fair Use 119

Fair Use Copyright Infringement Copyright Intellectual Property 119

The IP Law Blog

SEPTEMBER 30, 2022

Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law. The lack of a copyright notice does not give you permission to use the work. Copyright infringement occurs when a person or company uses another’s copyrighted work without permission.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API).

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

IP Watchdog

JANUARY 29, 2024

On Thursday, final judgments were issued in a pair of copyright infringement cases that arose from a now infamous 2014/2015 project New Portraits, where appropriations artist Richard Prince displayed Instagram photos and user comments as a purported commentary on social media and art.

Fair Use 110

Fair Use Social Media Copyright Infringement Art 110

Plagiarism Today

MARCH 3, 2022

1: Dua Lipa Sued for Alleged Copyright Infringement Over Hit Single Levitating. First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song.

Settlement 246

Settlement Copyright Infringement Licensing Fair Use 246

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.

Litigation 59

Litigation Copyright Fair Use Copyright Law 59

IP Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

Fair Use 128

Fair Use Publishing Copyright Infringement Copyright 128

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

The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. According to Getty, this is clear copyright infringement.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

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.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Plagiarism Today

OCTOBER 4, 2022

This prompted Alexander to file a lawsuit against Take-Two, claiming copyright infringement of her work. Implied License – Second, Take-Two could have argued that, by placing the tattoo on Randy Orton, that Alexander granted an implied license for it to be used as part of his image, including on TV, film and video games.

Copyright 246

Copyright Fair Use Licensing Copyright Infringement 246

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Controversy” [8] : The Litigation. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Traverse Legal Blog

OCTOBER 24, 2024

Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. In re NCAA Student-Athlete Name & Likeness Licensing Litig., 3d 1268, 1273 n. 4 (9th Cir. Sony Music Entm’t, Inc. , 3d 1134, 1145 (9th Cir.

Social Media 98

Social Media Copyright Infringement Copyright Law 98

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

Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. McFree sought to quash the subpoena.

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

SpicyIP

MARCH 29, 2025

In doing so, the essay highlights the paradoxical stance of companies on training other ML systems using the output generated by their own ML systems and discusses the copyrightability of ML system-generated output, if any.

Intellectual Property Law 82

Intellectual Property Law Intellectual Property Law Fair Use 82

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

Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

Artwork 93

Artwork Copyright Infringement Copyright Art 93

IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. The trial judge John G. The implication of the result will be far-reaching.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

TorrentFreak

AUGUST 17, 2024

When AI hit the mainstream, it became apparent that rightsholders are not always pleased that their works were used to train AI. This applies to photographers, artists, music companies, journalists, and authors, some of whom formed groups to file copyright infringement lawsuits to protect their rights. Trial in Two years…?

Copyright 130

Copyright Fair Use Copyright Infringement Copying 130

Copyright Lately

JANUARY 20, 2025

Judge Alvin Hellerstein dismissed copyright infringement claims over a YouTube-hosted video embedded in the defendant’s article, finding that YouTube’s Terms of Service explicitly and unambiguously grant a sublicense that clearly extends to embedding. In Richardson v. Townsquare Media, Inc. Richardson v.

Copyright 69

Copyright Social Media Fair Use Publishing 69

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.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Drop a comment below to let us know.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

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.

Music 113

Music Copyright Fair Use Copying 113

IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

TorrentFreak

JANUARY 28, 2025

This has led to numerous complaints and high-profile lawsuits, with companies like OpenAI , Google, Meta , Microsoft, and NVIDIA facing allegations of copyright infringement. It will likely take many years before a final decision is reached so until then, rightsholders are doing all they can to prevent future infringements.

Copyright 94

Copyright Fair Use Copyright Infringement Technology 94

LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

Technology & Marketing Law Blog

NOVEMBER 22, 2022

They write: Nearly half of the respondents (43.1%) were unwilling to take on any financial risk, even in a hypothetical scenario contingent on a confident fair use while most of the rest (43.8%) were only comfortable with a risk level below $10,000. Among these scholars confident of fair-use, only 3.3% About 71% of U.S.

Copyright 145

Copyright Fair Use Settlement Blogging 145

TorrentFreak

OCTOBER 1, 2023

Full credits go to the copyright owner. No copyright infringement intended.” Success, Fair Use and Lawsuits With lots of hard work and even more luck, these channels could one day be as successful as the award-winning H3 Podcast.

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. On Friday, a Texas federal judge dismissed much of the case but kept Atari’s core copyright infringement claim in play.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

Art Law Journal

MAY 19, 2018

Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine. Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series.

Fair Use 52

Fair Use Copyright Infringement Publishing Copyright 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Velocity of Content

FEBRUARY 26, 2025

This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp.

Fair Use 52

Fair Use Copying Licensing Copyright 52

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.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57