43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. The risks of security research are not copyright risks. Patton, 769 F.3d

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Kluwer Copyright Blog

AUGUST 13, 2023

It is based on “ large language models ” (so called LLM ), which is “ trained by copying massive amounts of text ” (so called training dataset ) “ and extracting expressive information from it ” (see § I.2). The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. The Copyright Act Definition is Broad, But.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Without this, fanfiction could technically violate copyright laws.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

BYU Copyright Blog

MAY 24, 2022

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Course Hero declined to provide the information absent a subpoena. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. We are also informed that photograph itself is by RMN Photo—Arnaudet. The copyright lawyer might well respond with a glazed look. Copyright law developed to protect the commercial potential of (literary) works in an age of multiple reproduction.

Art 134

Art Artwork Copying Moral Rights 134

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Data is any representation of information that can be processed. This is pure fiction.

Copyright 138

Copyright Derivative Work Music Copying 138

Kluwer Copyright Blog

SEPTEMBER 18, 2024

The ability for students to complete parts of their curriculum by means of automated tools has caused unease in academic communities in light of the growing inability to properly distinguish between honest student work and AI-generated submissions. I. GenAI at odds with copyright law? the third criterion).

Copyright 130

Copyright Higher Education Copyright Infringement Ownership 130

Velocity of Content

NOVEMBER 4, 2024

Here’s why: Legal Compliance: By obtaining proper licenses, businesses can take measures to stay on the right side of copyright law when using AI tools. Ethical Considerations: Licensing acknowledges and provides remuneration to creators for the value of their work, which contributes to AI advancements. .”

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Licensing Copyright Business Reporting 52

IP and Legal Filings

MAY 3, 2024

Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

Fair Use 105

Fair Use Copyright Privacy Copying 105

The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

TorrentFreak

JANUARY 6, 2023

Schneider’s first amended complaint alleged that YouTube and its users infringed her copyrighted musical compositions and sound recordings, and that YouTube facilitated infringement by removing copyright management information (CMI) from her copyright works, in violation of the DMCA. DMCA / CMI Removal.

Copyright 139

Copyright Licensing Music Publishing 139

TorrentFreak

MAY 17, 2022

Before tackling more serious matters, a quick look at legal streaming services’ subscriber agreements provides a wealth of information. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM.

Copying 145

Copying Social Media Licensing Technology 145

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It was also held in this case that in the case of a work inspired by already existing works, the new or ‘derivative work’ should be considerably different from the existing works.

Copyright 105

Copyright Artistic Work Copyright Law Art 105

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

Copyright 94

Copyright Copying Derivative Work Licensing 94

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” First, as far as copyright cases go, this one’s easy. Was it a license on the world’s greatest terms?

Music 112

Music Derivative Work Fair Use Cease and Desist 112

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. This is, after all, supposed to be a copyright case. The NFT isn’t the image.

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 72

Music Copyright Derivative Work Ownership 72

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. Below is the substance of our reply comments explaining why we believe the agency’s comments were ill-informed, misguided, and highly ambiguous.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

The IP Law Blog

SEPTEMBER 28, 2023

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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Public Domain Copyright Copying Registration 113

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

The IPKat

SEPTEMBER 14, 2023

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the – so to speak – derived work.’

Copyright 91

Copyright Derivative Work Copyright Law Law 91

Olartemoure Blog

APRIL 14, 2023

However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work. The decision focused on the fact that the sweatpants worn by Shayk were not a pre-existing work, but rather a “useful article.”

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Branding Branding Brands Derivative Work 52

LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing. Goldsmith Navigating the Future Legal Landscape Warhol v.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

SpicyIP

JUNE 26, 2024

A general lack of clarity on the issue of information asymmetry and inaccessibility for PwDs was recently brought to light in the matter of Prof. Notably, WIPO had adopted the Marrakesh Treaty in 2013 to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Avichal Bhatnagar v.

Copyright 81

Copyright Copying Publishing Cinema 81

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 88

Copyright Law Art Copyright Law 88

The IPKat

JANUARY 27, 2024

The BoA concluded that legal basis for this requirement might "be derived from the EPC as a whole", but accepted that it is not necessary to amend the description every time the claims are amended during prosecution.

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Derivative Work Intellectual Property Editing Copyright 64

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Emphasis in original).

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Blogging Licensing Privacy Copyright Notice 132

The IPKat

NOVEMBER 15, 2023

To be fair, the discussion touched on most of the issues but without any information about the reasons why these issues have arisen in the context of AI. Mr Blackmore also raised the issue of copyright protection of AI created works. Questions that need to be answered are: ‘Are such works deemed derivative works?’

Reporting 72

Reporting Derivative Work Intellectual Property Copyright 72

LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

Artwork 52

Artwork Derivative Work Copyright Editing 52