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.

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Fair Use Copyright Infringement Litigation Copyright 145

TorrentFreak

SEPTEMBER 2, 2024

That was perceived as an attempt to bring the matter to an end but on unacceptable terms; no recognition of Parrish’s right to use the material under the doctrine of fair use and a potentially devastating effect on raising awareness and future criticism of the religious group. Factors of Fair Use A.

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Fair Use Copyright Law Publishing Copyright 117

IP Watchdog

FEBRUARY 1, 2024

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act.

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Fair Use Copyright Infringement Copyright Law Litigation 116

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.

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Fair Use Copyright Copyright Infringement Derivative Work 125

SpicyIP

JANUARY 29, 2025

Is Training of GenAI Models Fair Use? We Might Know Soon The 3rd issue framed by the Court will deal with the question of fair use, wherein the question is whether using the plaintiff’s data or copyrighted content constitutes fair use under Section 52 of the Copyright Act.

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Litigation Copyright Fair Use Copyright Law 59

The IP Law Blog

JULY 9, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith). This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc.,

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Fair Use Litigation Blogging IP 98

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. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. Akshat Agrawal. In Ashdown v.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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.

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Litigation Copyright Copyright Infringement Fair Use 52

Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. But the rapid spread of generative AI models, the latest evolution of copy-reliant technology, has posed another set of challenges to copyright.

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Fair Use Copyright Copying Technology 117

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement.

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Copyright Settlement Licensing Litigation 102

SpicyIP

OCTOBER 9, 2024

Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. What the Second Circuit’s “Fair Use” Analysis tells us ?

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Copyright Law Copyright Fair Use Law 105

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.

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Copyright Law Copyright Law Copyright Infringement 104

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. The important facts, as well as the circulation and available duration of both the older and newer work, are used to determine the significance of the time of the filing of the claims.

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Copyright Law Copyright Law Copyright Infringement 105

Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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Copyright Fair Use Social Media Business 88

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? The court says the defendants waived any fair use defense by briefing it inadequately. This ruling shows how copyright law could be a Kiwi Farms killer–no legal reform required. Greer] money.”

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Copyright Law Copyright Law Copyright Infringement 115

SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Drop a comment below to let us know.

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Copyright Trademark Litigation Copyright Infringement 95

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).

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Litigation Fair Use Copying Derivative Work 98

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.

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Fair Use Derivative Work Copying Licensing 57

TorrentFreak

JUNE 24, 2024

As developers of generative AI models and services continue to progress at a startling pace, it was only a question of when the RIAA would select the perfect litigation candidate, for the purpose of drawing a line in the sand. ” As far as the labels are concerned, defenses based on fair use are inapplicable here.

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Music Copyright Fair Use Copying 113

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense.

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Fair Use Copyright Copying Copyright Infringement 120

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.

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Copyright Infringement Copyright Social Media Fair Use 122

The IP Law Blog

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Watch this episode on the Weintraub Tobin YouTube channel, here.

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Music Copyright Fair Use Copyright Law 98

The IP Law Blog

JUNE 29, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith ). The decision overturned a lower court decision in favor of the Warhol Foundation.

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Fair Use Litigation Blogging IP 52

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

TorrentFreak

MAY 16, 2022

McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. After three years of legal dispute in that matter, in 2021 Watch Tower filed a parallel copyright infringement lawsuit against McFree for the same alleged infringements.

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Fair Use Copyright Litigation Music 134

LexBlog IP

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

TorrentFreak

FEBRUARY 22, 2024

The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use? As such, its archiving effort should be able to rely on a fair use defense.

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Copying Licensing Fair Use Cease and Desist 123

Copyright Lately

DECEMBER 29, 2021

Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. This is actually the second year in a row that long-running copyright litigation involving Pirates of the Caribbean has made my “worst of” list. Walt Disney Company.

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Copyright Fair Use Social Media Copying 125

The IP Law Blog

MARCH 2, 2023

But according to a variety of AI technology companies, the practice of using copyrighted materials to train an artificial intelligence platform constitutes fair use under United States copyright law. Goldsmith case that is currently before the Supreme Court.

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Copyright Infringement Copyright Fair Use Technology 104

Velocity of Content

JANUARY 7, 2025

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. While LLMs are a significant and new technology and may be capable of multiple non-infringing uses, not every use of them with copyrighted material is transformative.

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Copyright Licensing Fair Use Journalism 52

The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

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Copyright Infringement Copyright Fair Use Copying 123

JD Supra Law

JUNE 4, 2024

The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being used to train AI models. By: Husch Blackwell LLP

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Copyright Fair Use Copyright Infringement Copyright Law 65

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. 52(1)(t) and thus would fall under the ‘fair use’ exception of the Copyright Act.

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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.

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Copyright Fair Use Designs Design 95

Velocity of Content

JULY 31, 2024

Using copyrighted content for training LLM systems is fair use. At present, there are numerous copyright infringement cases brought by authors, publishers, and other rightsholders against AI companies regarding the use of their content in the training of LLMs without consent. It depends. True or False?

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Copyright Fair Use Licensing Copying 98

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Fair Use Art Licensing Derivative Work 40

IP and Legal Filings

MARCH 5, 2025

2] They contended that the defendants are perpetuating gross misinformation by running fraudulent medicinal drug advertisement campaigns through wrongful use of Artificial Intelligence and are creating deepfakes by distorting images, voice, and other personality traits of Rajat Sharma, also infringing upon the registered trademarks of his company.

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Personality Rights Privacy Journalism Copyright 84