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.

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Technology & Marketing Law Blog

OCTOBER 26, 2021

After sending a takedown notice, the copyright owner can apply for an unmasking subpoena, which the clerk of the court must issue without any discretion or review by a judge. This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. The bloggers countered with fair use.

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IP and Legal Filings

JUNE 29, 2024

However, the twin concepts of privacy and publicity rights are gradually evolving through judicial interpretations. The right to publicity refers to the right to protect, control, and profit from one’s image, name, or likeness, and it is frequently considered as a subset of the right to privacy. In Ar un Jaitley v.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement).

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

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Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). ” For example, when speakers have made many posts against multiple targets, and the alleged infringement would expose the author indiscriminately. Nature of the use.

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TorrentFreak

OCTOBER 28, 2021

That allows people to unlock valuable new features, such as adding a web browser and compatibility with other tools such as privacy-enhancing VPNs. Copyright Holders Fear Widespread Piracy. However, major copyright industry groups including the RIAA, ESA, and Hollywood’s MPA, fiercely opposed the plan.

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Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

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Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

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Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

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IPilogue

FEBRUARY 23, 2022

A preliminary search into YouTube’s copyright and fair use policies is unhelpful in determining how videos are assessed on a “case-to-case basis” and instead redirects you to Google’s fair use policies.

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Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. You know how this claim went. 512(f) disappears entirely.

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Cease and Desist Fair Use Copyright Blogging 96

Velocity of Content

JANUARY 25, 2024

And would a user of Generative AI services be much assured by an AI tool created in a so-called “relaxed copyright jurisdiction?” For example, UK law explicitly does not permit text and data mining of copyright materials for commercial purposes without a license, while Singapore law does (where those have been lawfully accessed).

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Velocity of Content

JANUARY 31, 2023

Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., A material breach of a copyright license can give rise to an infringement claim, so this is an interesting move. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; you get the picture).

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Copyright Lately

OCTOBER 6, 2024

In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use. But the plaintiffs in the Stereophonic case are suing over what they claim is the copying of real-life events, which makes proving copyright infringement much harder.

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Art Copyright Copying Copyright Law 125

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

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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.

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Copyright Law Copyright Law Copyright Infringement 97

TorrentFreak

AUGUST 4, 2023

June 2022 marked the end of a legal battle that despite modest roots, went on to become one of the most interesting copyright cases in recent years. After paying just $47, a shadowy business entity hoped to obtain a DMCA subpoena that would compel Twitter to hand over the personal details of an alleged copyright infringer.

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Copyright Privacy IP Copying 98

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

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Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

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Blogging Copyright Contracts Cease and Desist 98

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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43(B)log

DECEMBER 20, 2022

The court found the claims of direct, contributory, and vicarious copyright infringement time-barred because plaintiffs didn’t submit evidence of continuing infringement by the moving defendants within 3 years of the filing of the complaint. The similarities in setting, theme, etc. Trademark etc.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

NOVEMBER 17, 2021

And to make a copy of something protected by copyright requires the permission of the copyright owner. 3 Unless you have some legal excuse or defense, such as, fair use. for copyright infringement. Unless you have some legal excuse or defense, such as, fair use. MAI had had enough and sued.

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IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

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Fair Use Licensing Art Music 105

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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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)?

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LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

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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. Patent v.

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Moral Rights Journalism Licensing IP 105

SpicyIP

AUGUST 6, 2024

Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections. For instance, ChatGPT was trained on copyrighted books by J.K. Rowling, who sued the company over copyright infringement.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

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Copyright Lately

MAY 21, 2021

Earlier this week, she filed a lawsuit for copyright infringement against CBS Interactive over a photograph CBS used in a 2015 Entertainment Tonight Online article about her scandal. This isn’t the first copyright infringement claim Dolezal has brought against the media.

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Copyright Copyright Infringement Fair Use Copyright Law 98

Kluwer Copyright Blog

JUNE 2, 2024

OpenAI’s vision for a fair AI ecosystem The ADAI mentions copyright only in passing, but it is fairly obvious that the desire to ‘deal’ with pending copyright infringement claims (largely in the US) lies at the core of this ambitious statement.

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Technology & Marketing Law Blog

AUGUST 16, 2024

Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. 512 [[link] Primer on Contributory and Vicarious Copyright Infringement Overview of Section 512(c) UMG v. Privacy Review: 16 C.F.R. Bright Data V. CSC (2d Cir.) MGM Studios v. Grokster (Sup.

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The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

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Intellectual Property Moral Rights Privacy Copyright Infringement 60

IP Tech Blog

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Privacy : Evaluation and mitigation of privacy risks associated with the collection, use, and retention of user data. Data Protection and Privacy AI poses important privacy and security risks.

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LexBlog IP

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Privacy : Evaluation and mitigation of privacy risks associated with the collection, use, and retention of user data. Data Protection and Privacy AI poses important privacy and security risks.

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Privacy Inventor Technology Intellectual Property 52