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]

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Fair Use Derivative Work Art Licensing 97

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Velocity of Content

JULY 31, 2024

The copying and retention of these works in AI systems and their reproduction in outputs implicates copyright, making appropriate licensing essential for copyright compliance. Using copyrighted content for training LLM systems is fair use. Copyright stands in the way of innovation. It depends.

Copyright 98

Copyright Fair Use Licensing Copyright Infringement 98

The Illusion of More

MAY 21, 2023

In this Court, the sole question presented is whether the first fair use factor, “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit edu­cational purposes,” §107(1), weighs in favor of AWF’s recent commercial licensing to Condé Nast.

Fair Use 118

Fair Use Licensing Copyright Law Law 118

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. To get an overall picture, see Prashant’s post “ The Rs.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Velocity of Content

JULY 31, 2024

The copying and retention of these works in AI systems and their reproduction in outputs implicates copyright, making appropriate licensing essential for copyright compliance. Using copyrighted content for training LLM systems is fair use. Copyright stands in the way of innovation. It depends.

Copyright 52

Copyright Fair Use Licensing Copyright Infringement 52

The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Vanity Fair licensed one of Goldsmith’s Prince photographs to use in a Vanity Fair article.

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Fair Use Copyright Art Copyright Law 40

TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. ” Why the Videos Are Of Interest to IWUF.

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Copyright Law Government Copyright Law 144

TorrentFreak

AUGUST 7, 2024

At the same time, some rightsholders such as Reddit and Getty Images are making deals to license their ‘data’, although that’s still relatively rare in the AI space. In response to the claims, Anthropic didn’t deny that it used lyrics to train its model but argued that this falls under fair use.

Copyright 93

Copyright Music Fair Use Copying 93

TraskBritt Intellectual Property

APRIL 10, 2021

LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. Protecting software through intellectual property rights presents particular challenges. Copyright typically covers the unique expression of ideas in creative works, like written texts. In Google LLC v. 18-956, 2021 U.S.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

Velocity of Content

OCTOBER 9, 2023

On Thursday, October 12, 2023, 1000 EDT/1500 BST/1600 CEST, CCC presents a Town Hall special program on LinkedIn Live, “AI, Licensing & The Path Forward.” As a legal precedent, Texaco paved the way for far broader license acceptance by Fortune 100 and other corporations,” he noted. “As

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released.

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Fair Use Copying Licensing Copyright 112

Intepat

JULY 11, 2024

Show’s Perspective The show argues that copyright laws necessitate action against unauthorized usage to protect their intellectual property rights and brand identity. These rules aim to prevent copyright infringement while allowing limited promotion of show appearances.

Copyright 52

Copyright IP Social Media Copyright Law 52

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. The presentation wove together technical principles and legal arguments. with that in the U.S.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 103

Fair Use Social Media Copyright Copyright Infringement 103

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. ” Id. at ¶ 10. ” Id. at ¶ 87. ” Id. at ¶ 2. Andy Warhol Found. for the Visual Arts, Inc. Goldsmith , 143 S.

Music 52

Music Copyright Infringement Publishing Copyright 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright involves the exclusive right to reproduce and distribute the original work. the original owner of the work, for using his work, commercially.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright involves the exclusive right to reproduce and distribute the original work. the original owner of the work, for using his work, commercially.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

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 96

Fair Use Derivative Work Blogging Licensing 96

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

The IPKat

OCTOBER 3, 2022

Asociación para el Desarrollo de la Propiedad Intelectual (Adepi) presents its annual awards: "Intellectual property makes the cultural sector sustainable". The conference aims to provide some critical thinking concerning the present and future of copyright flexibilities in European copyright law and their evolutionary paths.

Registration 61

Registration Intellectual Property IP Copyright 61

IP and Legal Filings

JANUARY 8, 2023

The year 2020 brought a big change for the music and movie industries as the forced lockdown to control the pandemic issue made them launch their movies and music albums on the online platform, which also brought up the problem of copyright infringement as now it was easy to record and sell the movies online. Wynk Music Ltd. Conclusion.

Copyright 78

Copyright Copyright Infringement Music Copying 78

IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. See Questions 6-14 of Notice.

Copyright 62

Copyright Technology Artwork Blogging 62

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Evox Productions, LLC v. 1:17CV2635 (N.D.

Copyright 95

Copyright Social Media Copyright Infringement Publishing 95

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2022 the UK Government responded to a consultation over whether to alter the UK provisions for computer-generated works (CGWs) and determined to leave them alone, concluding “There is no evidence at present that protection for CGWs is harmful, and the use of AI is still in its early stages.

Copyright 145

Copyright Art Fair Use Registration 145

SpicyIP

JULY 5, 2021

The present post discusses the (mis?)application However, given the present CIC’s decision, this ‘responsibility’ to strike the above balance is made discretionary. detailed progress reports, pre-Phd presentations, Viva voce etc). Fair Use and Public Interest.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

SpicyIP

OCTOBER 28, 2022

Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM. The audio-book therefore expresses the work in the same way as the written book.

Copyright 112

Copyright Copyright Infringement Licensing Fair Use 112

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law.

Copyright 131

Copyright Copying Fair Use Editing 131

LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. See Questions 6-14 of Notice.

Copyright 52

Copyright Technology Artwork Fair Use 52

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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Fair Use Copyright Reporting Licensing 91

LexBlog IP

FEBRUARY 11, 2024

Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine? Cases are being fought with fervor—as lawyers articulate the present and future of digital creation and consumption. They need rich, diverse, and real-world content.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US. Conclusion.

Copyright 126

Copyright Artistic Work Copyright Law Law 126