Technology & Marketing Law Blog

JANUARY 12, 2024

.” The Kremen test is so obviously ill-fitting to this inquiry, but the court gets to the right place: “there is no cognizable property interest in website copies that may serve as the basis for a trespass to chattels claim under California law.” mobile device screen.”

Copying 89

Copying Ownership Derivative Work Contracts 89

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works.

Copyright 52

Copyright Intellectual Property Copying Music 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). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Velocity of Content

SEPTEMBER 2, 2021

Creative Commons licenses might well be understood as building upon the underlying system of copyright law – just as any license does – but with the supplemental flavor of a standardized, and generally permissive, license expression.

Copyright 116

Copyright Licensing Derivative Work Social Media 116

IP Intelligence

JUNE 7, 2023

But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. Second, the number of copies/downloads/users/seat licenses model simply does not work in the AI training context.

Fair Use 105

Fair Use Licensing Art Music 105

SpicyIP

NOVEMBER 16, 2023

However, this order was later modified on April 25 ( pdf ), where Fantasy Sports was restrained from using Hulm Entertainment’s copyrighted works through their “MyFab11” app but allowed their app to be downloaded.

Copyright 59

Copyright Marketing Marketing Copying 59

LexBlog IP

JUNE 7, 2023

But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. Second, the number of copies/downloads/users/seat licenses model simply does not work in the AI training context.

Fair Use 52

Fair Use Licensing Art Music 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

Licensing 101

Licensing Copyright Contracts Advertising 101

IP Intelligence

JUNE 6, 2023

But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. Second, the number of copies/downloads/users/seat licenses model simply does not work in the AI training context.

Fair Use 40

Fair Use Licensing Art Music 40

Copyright Lately

OCTOBER 25, 2021

You can judge for yourself by downloading a copy of “Jap Herron” here. Bottom line is that the masks were equally freaky, but not substantially similar as a matter of copyright law. The 13 spookiest, Halloweeniest copyright cases that I could think of. A Nightmare on My Street. And there you have it!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

TorrentFreak

JUNE 10, 2022

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. ” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created. 1201(a) and (b).

Copyright 133

Copyright Derivative Work Intellectual Property Copyright Infringement 133

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Soon after, an unauthorized version of Runt was uploaded to YouTube and online torrent sites and allegedly downloaded more than 50,000 times.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80