Music Making Gen AI: A Deeper Dive into Fair Use
The Illusion of More
JULY 11, 2024
In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.
This site uses cookies to improve your experience. By viewing our content, you are accepting the use of cookies. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country we will assume you are from the United States. View our privacy policy and terms of use.
The Illusion of More
JULY 11, 2024
In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.
IP Watchdog
FEBRUARY 1, 2024
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 is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright Alliance
NOVEMBER 30, 2023
As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.
Kluwer Copyright Blog
JUNE 30, 2021
Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.
IP Watchdog
DECEMBER 12, 2021
Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”
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. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.
IP Law 360
JUNE 7, 2024
Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.
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. The commercial nature of the copying further weighed against fair use. Continue reading
TorrentFreak
SEPTEMBER 28, 2023
The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage. Among its arguments to dismiss the claims, the AI company cited fair use. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law. .
JD Supra Law
SEPTEMBER 15, 2023
The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare.
The Illusion of More
JUNE 8, 2023
Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious).
The Illusion of More
FEBRUARY 23, 2022
Fair Use Week. I still don’t know why this doctrine in copyright law should be observed on the calendar, let alone for a whole week carved out of Black History Month. But in 2013, some anti-copyright ideologues thought it should be a thing, so now it’s a thing. […]. Well, here we are again. Ninth annual.
IP Law 360
MAY 12, 2022
A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.
Biswajit Sarkar Copyright Blog
NOVEMBER 27, 2021
The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.
TorrentFreak
DECEMBER 9, 2021
Cries of ‘Fair Use’ In thousands of social media posts, comments and numerous articles posted since Mark’s announcement, a common theme persists. As it happens, however, another ‘law’ is more immediately pertinent in this case – that of YouTube’s Content ID.
TorrentFreak
JUNE 22, 2022
Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.
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.
Likelihood of Confusion
SEPTEMBER 16, 2021
First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent. The post The “Fair Use Massacre” (updated) appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
MARCH 22, 2023
A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.
LexBlog IP
SEPTEMBER 25, 2023
Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” using a short 5-second audio or video clip, sound effect, music clip, etc.)
IPilogue
MAY 26, 2022
The Act states that copyright owners are entitled to “damages and profits of the infringer that are attributable to the infringement.”. An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. The fair use defence is rarely used in music sampling cases.
LexBlog IP
MAY 24, 2023
Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.
JD Supra Law
MAY 19, 2023
On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.
Patently-O
APRIL 3, 2022
Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. Here, in particular, Warhol argues that his use is so “transformative” of the original photographs that no license is needed.
TorrentFreak
MARCH 19, 2022
After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Until now, that is.
JD Supra Law
FEBRUARY 6, 2024
The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the ability to create many forms of unique content (e.g.,
TorrentFreak
NOVEMBER 16, 2021
The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.
LexBlog IP
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. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.
JD Supra Law
MAY 23, 2023
On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on respondent Lynn Goldsmith’s photograph of the artist Prince Rogers Nelson, better known simply as “Prince.”.
JD Supra Law
MAY 26, 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.
JD Supra Law
MAY 25, 2023
Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al.
IP Law 360
OCTOBER 20, 2022
Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching.
IPilogue
NOVEMBER 11, 2021
This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.
JD Supra Law
JUNE 26, 2023
One of the most impactful copyright law issues of our time is whether the unauthorized use of copyrighted materials as training data for generative artificial intelligence (GenAI) models is protected fair use under the Copyright Act. A substantive ruling on this issue could arrive soon.
JD Supra Law
JANUARY 30, 2023
HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith. By: McNees Wallace & Nurick LLC
IP Tech Blog
JUNE 2, 2023
The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.
LexBlog IP
MAY 19, 2023
On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.
The IPKat
FEBRUARY 28, 2024
This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). There are over 30 contributors to the volume, including academics, musicologists, and lawyers.
Likelihood of Confusion
APRIL 30, 2023
Eugene Volokh joins the pile–on regarding a website that claims to exempt its contents from the liberating effects of the fair use doctrine. The post Unilateral copyright law appeared first on LIKELIHOOD OF CONFUSION™. The North Country Gazette, a publication whose.
Olartemoure Blog
APRIL 25, 2022
La entrada Infographic | Everything you need to know about fair use se publicó primero en OlarteMoure | Intellectual Property.
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] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]
The IP Law Blog
JULY 9, 2021
They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.
Chicago-Kent Intellectual Property Journal Blog
MAY 12, 2023
copyright law, … The post Compliance and Alignment: Ensuring Generative AI Stays Within the Bounds of Fair Use appeared first on Chicago-Kent | Journal of Intellectual Property.
Expert insights. Personalized for you.
We have resent the email to
Are you sure you want to cancel your subscriptions?
Let's personalize your content