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To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).
Plaintiffs argued that with the popularity of Copilot, it is a near certainty that their code will be used with copyrightnotices removed or in violation of their open-source licenses. Plaintiffs alleged that Defendants reproduced code as output without attribution, copyrightnotice, or license terms. –Doe 1 v.
District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivativework.” For a quick recap of the theories they are asserting, check out our recent AI Update.
First, the court dismissed plaintiffs’ claim against OpenAI for vicarious copyright infringement based on allegations that the outputs its users generate on ChatGPT are infringing. The court also dismissed claims for violation of the Digital Millennium Copyright Act (“DMCA”).
Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. 20-915, slip op. 17 U.S.C. §
And, while the copyrightlaws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivativeworks. Enter the copyrightlaws.
The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. It was considered a criminal offense.
Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.
Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Which Types of IP Law Is Right for You?
Additionally, does the public domain status of Casino Royale allow me to use the book title and the character of James Bond in derivativeworks, such as films? I know that specific elements introduced in the films, such as the Aston Martin DB5 and the Walther PK, remain copyrighted and cannot be used. What can you do now?
Before a work was “published,” it was protected only by state law (common-lawcopyright). Once a work was published, state law was divested, and one of two things happened. If the work was published with proper copyrightnotice, it received a federal statutory copyright.
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