Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. This has been a long-standing question in copyright law.

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Kluwer Copyright Blog

JUNE 16, 2021

US copyright law does not protect remasters, as they lack originality. In this case the US Court of Appeals held that digitally remastered sound recordings could not be protected by federal copyright law. 2018 New York University Law Review, p. From remixes to remasters. CBS ( Case No. 16-55917 ), confirmed that.

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Trademark and Copyright Law Blog

FEBRUARY 7, 2024

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. The Yonays, in their own summary judgment motion, assert that Maverick constitutes an unauthorized derivative work.

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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP. Arul Scaria in The Hindu (Sept.

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Plagiarism Today

JANUARY 3, 2022

Finally today, The Associated Press reports that, with the new year, several prominent works are lapsing into the public domain including the Ernest Hemingway novel The Sun Also Rises and A.A. Copyright Law, works lapse into the public domain on January First of the year their copyright expires.

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Kluwer Copyright Blog

MAY 20, 2024

The CJEU also seized the opportunity to pull the plug on then §24 of the German Copyright Act (UrhG), commonly known as the “free use” exception, contending that an open and flexible exception is irreconcilable with the self-contained list of exceptions provided by art. The current rules and case law on quotation and parody, including art.

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Intepat

OCTOBER 23, 2024

This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age. Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works.

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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.

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Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

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Kluwer Copyright Blog

JANUARY 16, 2024

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

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TorrentFreak

JANUARY 17, 2024

It involved the use of copyrighted content to create an alleged ‘parody’ (one that many people would find offensive), the distribution of that content to the public via Twitter, and a defendant claiming immunity under copyright law. Not that other routes hadn’t already been tested, however.

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IP and Legal Filings

DECEMBER 23, 2024

This principle means that as long as the copy of the copyrighted content is within its fair use, it is classified as an exception and meets legal standards. 1] This article aims to prove how the alleged copying fits within Fair Use by assessing these four factors to render OpenAIs challenge devoid of merit.

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BYU Copyright Blog

MAY 24, 2022

Sometime after this, Pepperdine allegedly took the Photo without authorization, cropped it, and used it as the cover of "The Orange Book: 2021 Academic Planning Guide" (the "Guide") a publication of the Pepperdine Caruso School of Law.

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Copyright Law Law Copyright Derivative Work 52

TorrentFreak

AUGUST 29, 2023

.” The only claim that should be able to survive, for now, is direct copyright infringement, but OpenAI expects to defeat the claim at a later stage. Fair Use The authors’ copyright infringement claims are grounded in copyright law. Derivative? That is not how copyright law works,” OpenAI adds.

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The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

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LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

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Copyright Law Copyright Law Copyright Infringement 52

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.

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Copyright Derivative Work Intellectual Property Copyright Infringement 145

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.

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43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. 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.

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Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law.

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Fair Use Derivative Work Artwork Copyright Infringement 97

Kluwer Copyright Blog

AUGUST 13, 2023

To complete this picture, we need to consider that in the US the US Federal Trade Commission (“FTC”) has opened an investigation into OpenAI aimed at verifying whether it has violated US consumer protection law ( here ). In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc.

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Copyright Derivative Work Copying Copyright Infringement 98

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

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Copyright Intellectual Property Derivative Work Copying 98

TorrentFreak

JUNE 22, 2022

“Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write. That turns copyright law on its head,” the lawyers write. ‘Infringements’ Removed?

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Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

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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).

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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.

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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.

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Copyright Copyright Law Fair Use Law 138

IPilogue

DECEMBER 20, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Writer and a 1L JD Candidate at Osgoode Hall Law School.?. . This year, Japan made headlines by proposing a new law that could potentially create copyright infringement problems for cosplayers.

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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.

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IPilogue

SEPTEMBER 13, 2022

Candidate at Osgoode Hall Law School. Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. Raenelle Manning is an IPilogue Writer and 2L J.D.

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The IPKat

JANUARY 25, 2022

The copyright lawyer might well respond with a glazed look. Indeed, it is Benjamin's notion of the aura, where each work of art has its own unique setting, which underscores just how derivative its use is when applied to a book cover. But this is not the case for works of art. But of course.

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Kluwer Copyright Blog

NOVEMBER 8, 2021

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Copyright Blog posts. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive).

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The IPKat

OCTOBER 1, 2022

copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law. Symbolic meanings of works or the author’s intent have been deemed irrelevant to the evaluation of originality (as outlined in the U.S.

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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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Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes.

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TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. Copyright Law and DRM.

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LexBlog IP

MARCH 22, 2023

In the statement, they explain that while AI can generate creative works, users do not have ultimate control over how the system interprets prompts and generates material. Under copyright law, authorship is determined by examining who exercised creative control over a work. Summary of US Copyright Office Notice on AI: 1.

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