The IP Law Blog

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

Music 104

Music Fair Use Copyright Reporting 104

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.

Fair Use 52

Fair Use Journalism Intellectual Property Copyright Law 52

SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. Analysing the intersection of journalistic privilege and copyright law.

Blogging 58

Blogging Intellectual Property Journalism Social Media 58

IP and Legal Filings

MARCH 5, 2025

This means, even though news items cannot be allowed copyright protection as per Article 1(8) of the Berne Convention, fake news which has an element of originality (as they depict an event that did not take place), can merit copyright protection.” 10] Ibid. [11] 11] Ibid. [12] 15] Ibid. [16] 16] Ibid. 10] Ibid. [11] 11] Ibid.

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

Velocity of Content

JANUARY 7, 2025

The full article can be read in the Journal of the Copyright Society. The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. Nevertheless, some uses of LLMs and their training may be found to be fair use.

Copyright 52

Copyright Licensing Fair Use Journalism 52

Chicago-Kent Intellectual Property Journal Blog

NOVEMBER 4, 2021

All [four statutory factors] are to be explored, and the results weighed together, in light of the purposes of copyright.’”[1] 1] The fair use defense in copyright law is very flexible … The post Two Kinds of Fair Use: The Unintended Effect of Google v.

Fair Use 40

Fair Use Journalism Intellectual Property Copyright Law 40

Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes.

Litigation 52

Litigation Copyright Copyright Infringement Fair Use 52

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 Litigation Trademark Copyright Infringement 95

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

Copyright 94

Copyright Fair Use Designs Design 94

Velocity of Content

DECEMBER 4, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). See 17 U.S.C. § 17 U.S.C. §

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. At least, that was the idea. On September 4, the Second Circuit affirmed. For research.

Publishing 100

Publishing Copying Fair Use Licensing 100

Dear Rich IP Blog

SEPTEMBER 17, 2024

Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? Attribution is a thoughtful gesture, but providing the authors name or source will not excuse someone from a charge of infringement (or qualify the use as a fair use).

Public Domain 52

Public Domain Fair Use Copying Copyright Notice 52

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. The Federal Circuit’s Google v.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Velocity of Content

OCTOBER 9, 2023

From Large Language Models (LLMs) to other research-based applications, AI technologies rely on millions of books, scholarly journals, and other curated publications. Responsibly using these works is a foundational part of the discussion. The post CCC Town Hall Preview With Bruce Rich appeared first on Copyright Clearance Center.

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

LexBlog IP

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

Music 52

Music Fair Use Copyright Reporting 52

Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. The New York Times is claiming damages and an order to stop OpenAI and Microsoft from using any of its articles.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 93

Music Copyright Copying Copyright Law 93

SpicyIP

FEBRUARY 17, 2025

Drop a comment below to let us know. Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated. India’s copyright law does not envision an exception permitting LLM trainings from copyrighted materials. Anything we are missing out on? Can it Deal with New Legal Conundrums?

Trademark 58

Trademark Copyright Registration Personality Rights 58

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

JANUARY 15, 2025

When using copyrighted materials, a common misconception persists that internal use within an organization does not require licensing. The truth is that copyright law applies to both internal and external uses. Copyright law protects not only the overall work (e.g.,

Licensing 52

Licensing Copyright Copyright Law Copying 52

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Likelihood of Confusion

MAY 18, 2023

Mack Reed puts his finger on it — almost — in the Online Journalism Review: The Web has made unauthorized propagation of information — whether copyrighted or not — instantaneous. The post Publishers vs. YouTube appeared first on LIKELIHOOD OF CONFUSION™.

Publishing 52

Publishing Journalism Copyright Fair Use 52

SpicyIP

NOVEMBER 17, 2023

Swaraj Paul Barooah Swaraj Paul Barooah is an IP law and policy Consultant and Managing Editor of SpicyIP, globally recognised as a top resource for Indian IP law and policy. Aside from various journals, his writings can be found at SpicyIP.com where he has been writing since 2008.

Intellectual Property 105

Intellectual Property Technology IP Law 105

IP and Legal Filings

JANUARY 13, 2023

In this sense, a coherent theory of the use of de minimis will go a long way in efficient disposal of such cases. DE MINIMIS IN COPYRIGHT LAW. De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

The IPKat

JULY 15, 2023

International Copyright Issues and Artificial Intelligence is a webinar organized by the U.S. Copyright Office on July 26, 2023 , as part of an initiative to examine copyright law and policy issues raised by AI technology. 21–869, full opinion available here ] for the Oxford University Press Law blog.

Cinema 40

Cinema Intellectual Property Intellectual Property Law IP 40

Technology & Marketing Law Blog

AUGUST 1, 2023

The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. Ultimately, the problem is that copyright law compensates photographers and other copyright owners through a model of artificial scarcity. 3d at 1160. 3d at 1168.)

Blogging 98

Blogging Copying Social Media Copyright 98

IIPRD

JANUARY 28, 2023

In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law. It is extremely difficult for a person who owns copyrights to identify the individual who has used their work. Privacy Laws and Bills. Agrawal, D.

Privacy 52

Privacy Government Intellectual Property Fair Use 52

Likelihood of Confusion

DECEMBER 22, 2023

Free (and apolitical) IP advice for bloggers over at Right Wing News. Originally posted 2010-07-29 22:57:01. Republished by Blog Post Promoter The post And worth every penny! appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 80

Blogging IP Fair Use Journalism 80

The IPKat

AUGUST 6, 2023

And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. The second article is by Ms Maria Martin-Pratt, ‘Twenty Years After – the State of EU Copyright Law’.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. 3d 87 (2d Cir.

Copyright 126

Copyright Social Media Publishing Licensing 126

Traverse Legal Blog

APRIL 11, 2025

Copyright owners across industries are fighting back, and the courts are starting to weigh in. Ross Intelligence rejected a fair use defense in an AI training context. It marked a clear warning: copyright law still applies in the age of AI. Nature of the copyrighted work Is the original factual or creative?

Fair Use 52

Fair Use Copyright Licensing Copyright Infringement 52

Intepat

JANUARY 17, 2025

Copyright laws protect the interests of publishers and authors, but Sci-Hub bypasses these regulations, leading to “scientific piracy.” The court imposed a preliminary injunction to block these websites for violating copyright laws. In Russian civil law, a similar institution is established in Art.

Copyright 52

Copyright Copyright Infringement Copyright Law Publishing 52

Kluwer Copyright Blog

JANUARY 21, 2025

Last year was another busy one in the copyright world, with an increasing focus on the relationship between AI and copyright, ongoing European copyright reform, a number of landmark CJEU decisions and notable developments in a number of jurisdictions. Is Generative AI Fair Use of Copyright Works?

Blogging 52

Blogging Copyright Copyright Infringement Copyright Law 52

Velocity of Content

JANUARY 13, 2025

What has changed is that creators are now directly expressing the need for consent prior to use. Data or, as we like to call it, books, journals, songs, and other creations of human ingenuity, creativity, and culture is continuously being created. Uniquely, under EU copyright law, silence implies consent to that specific exception.

Licensing 52

Licensing Publishing Copying Journalism 52

Velocity of Content

NOVEMBER 25, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC).

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52