IP and Legal Filings

JULY 29, 2024

This puts educators in a rather fragile position where they risk violating the rights of copyright owners in their endeavours of enriching their teaching with a variety of materials. This legal insecurity puts the platforms in a defensive position to block potentially more content that may actually be allowed for fair use or fair dealing.

Copyright Law 104

Copyright Law Copyright Law Copyright Infringement 104

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Berne Convention for the Protection of Literary and Artistic Works: This international treaty ensures protection of artistic works, meaning AI developers using global music catalogs must adhere to international copyright standards. However, the extent to which AI training qualifies as fair use remains contentious.

Copyright 52

Copyright Fair Use Music Intellectual Property 52

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.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.

Government 141

Government Related Rights Copyright Law 141

Kluwer Copyright Blog

MARCH 26, 2025

The commercial teaching kit use the artists works in their entirety and encouraged the students to create their own art based on them. Case date:18 September 2024 Case number:No. Toriqul Islam 135

Artistic Work 52

Artistic Work Copyright Art Fair Use 52

Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. This left the copyright claim over the unauthorized use of American’s flight symbol logo.

Copyright 86

Copyright Fair Use Social Media Business 86

TorrentFreak

MARCH 25, 2024

The briefs include positions from industry groups such as the MPA, RIAA, IFPI, Copyright Alliance, the Authors Guild, various writers unions, and many others. Legal scholars, professors, and former government officials, also chimed in. Internet Archive’s theory of fair use represents a threat just as grave.”

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. The licensee can use the work only within the scope specified in the agreement. For instance, in Campbell v.

Licensing 52

Licensing Copyright Public Domain Music 52

SpicyIP

JANUARY 20, 2024

While there are various factors affecting the issue of knowledge governance, understanding when IP became an academic discipline in India can be a useful point of inquiry. See also here ). For this, I did some research and conversed with some senior and young Indian academics. Ganesan and Jayashree Watal.

Government 112

Government IP Intellectual Property Reporting 112

Intepat

DECEMBER 25, 2024

While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law. This raises critical questions: What qualifies as originality in the context of database protection?

Copyright 52

Copyright Intellectual Property Copyright Law Fair Use 52

Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. The UK is currently considering a similar solution. Australia).

Copying 52

Copying Fair Use Copyright Law Copyright 52

TorrentFreak

MAY 24, 2022

When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. The overall message is one of deterrence coupled with the reaffirmation of copyright law, Goto said.

Editing 145

Editing Copyright Television Copyright Law 145

SpicyIP

FEBRUARY 3, 2025

Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data? Is training of GenAI models fair use? Read the second part of Bharathwaj Ramakrishnans post on the ANI vs OpenAI Copyright Litigation, analysing the issues framed by the Delhi HC.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

IP Watchdog

MAY 25, 2023

In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of (..)

Fair Use 72

Fair Use Copyright Intellectual Property Copyright Law 72

IP and Legal Filings

MARCH 5, 2025

This brings us to the discussion of their personality rights, which confer upon an individual the exclusive right to govern how their persona is depicted in the public domain, particularly for commercial purposes. 2] Rajat Sharma v M/s Independent News Service Pvt Ltd, Delhi High Court, [2024][link] 16 January 2025. [3] 10] Ibid. [11]

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

SpicyIP

JULY 29, 2021

The Report’s recommendations boil down to: Permitting photocopying (only) in Government-owned educational institutions and storing it in libraries for easy access to students. Firstly , education , which is not only a copyright exception but a fundamental right under Article 21A, is imparted outside of government-owned institutions as well.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

SpicyIP

JANUARY 31, 2025

Analysing the intersection of journalistic privilege and copyright law. The role of IP law in combating the spread of misinformation and disinformation. Analysing the impact of Indian copyright law on fair use in academic and critical writing. Note : The themes mentioned above are merely suggestive.

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Fixation : To qualify for copyright protection, the work must be recorded in a tangible medium.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

TorrentFreak

AUGUST 20, 2023

To protect the interests of these businesses around the globe, copyright holder groups can count on help from the U.S. Government. The yearly list of ‘ notorious markets ,’ for example, is a well known diplomatic pressure mechanism to encourage other countries to up their enforcement actions and improve laws.

Copyright 98

Copyright Fair Use Copyright Law Law 98

Velocity of Content

JANUARY 22, 2025

The stakes are particularly high in copyright law, where anthropomorphic thinking has led to problematic comparisons between human learning and AI training. This territorial nature of copyright law creates a complex web of potential liability. ” These human terms feel natural, but they are misleading.

Copyright Law 52

Copyright Law Copyright Business Copying 52

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

Copyright 145

Copyright Art Registration Fair Use 145

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

TorrentFreak

MAY 18, 2023

At the same time, AI is causing grave concerns for the copyright industry. The copyright angle is the topic of many debates and has already made its way to court in a few cases. It’s high on the agendas of governments around the world, which are poised to accommodate generative AI within copyright legislation.

Copyright 142

Copyright Fair Use Invention Intellectual Property 142

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

Fair Use 137

Fair Use Privacy Copyright Technology 137

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).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

IP Watchdog

DECEMBER 16, 2021

One of the greatest attributes of copyright law is the never-ending abundance of exciting new developments, including those in Congress, the courts, and at the Copyright Office. On the surface, copyright seems straightforward in that it advances the public good by securing property rights to authors.

Copyright 130

Copyright Copyright Law Law Fair Use 130

The IPKat

NOVEMBER 22, 2023

As the UK Government grapples with how to address the new technological landscape of artificial intelligence, several Committee Inquiries are underway to consider if or how the Government should intervene, including the House of Lords Communications and Digital Committee on Large Language Modules, at which this Kat was invited to provide evidence.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

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]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?

Copyright 72

Copyright Government Fair Use Copyright Law 72

SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post.

Copying 59

Copying Editing Licensing Copyright 59

Kashishipr

OCTOBER 27, 2021

There has been a long-standing debate about the different modes of safeguarding an API through the laws on patents, copyright, and trade secrets. Patents do not govern computer programs, per se. Copyright and APIs. Google , the Federal Circuit Court held that the Java API in question was copyrightable. Conclusion.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

SpicyIP

MAY 1, 2023

14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. The problem is how do you license all the copyrighted images/information available on the web? Some have argued in favour of fair use, at least in the US context.

IP 129

IP Licensing Fair Use Moral Rights 129

TorrentFreak

AUGUST 18, 2024

At the time the UK government was taking advice from the entertainment industries on how to tackle surging piracy via the BitTorrent protocol. Music Industry & Government Had it All Wrong In May 2009, Brian Message, a partner in Radiohead’s management company, did the unthinkable. TorrentFreak also has a takedown policy.

Music 128

Music Blogging Fair Use Government 128