Music Making Gen AI: A Deeper Dive into Fair Use
The Illusion of More
JULY 11, 2024
In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.
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Recent Developments Related to Generative AI and Copyright Law
JD Supra Law
SEPTEMBER 15, 2023
The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. What is the proper scope of copyright protection for generative AI outputs?
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Copyright Cases Visual Artists Should Know: Part 3, Fair Use
Copyright Alliance
NOVEMBER 30, 2023
As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.
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Digitalization And Copyright Law
IP and Legal Filings
FEBRUARY 15, 2023
The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era.
Fair Use for Documentaries in US Copyright Law: Brown v Netflix
Kluwer Copyright Blog
JUNE 30, 2021
Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.
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Battle Between Newspaper Giant and Generative AI Boils Down to Definition of Fair Use
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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Book Review: Music Borrowing and Copyright Law
The IPKat
FEBRUARY 28, 2024
This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). This edited collection will be enjoyed by scholars and practitioners interested in music and copyright, as well as musical cultural heritage.
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Warhol Foundation Tells SCOTUS Second Circuit’s Fair Use Ruling ‘Threatens a Sea-Change’ in Copyright Law
IP Watchdog
DECEMBER 12, 2021
Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”
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Research Exceptions in Comparative Copyright Law
Kluwer Copyright Blog
NOVEMBER 22, 2021
Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses.
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The Doctrine of Fair Use in Copyright Law
Biswajit Sarkar Copyright Blog
NOVEMBER 27, 2021
The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective.
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3 New Copyright Claims Board Decisions
Plagiarism Today
FEBRUARY 15, 2024
The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.
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2022 Copyright Law Recap: Andy Warhol, Social Media Content, And Taking Shortcuts In Copyright Applications
JD Supra Law
JANUARY 30, 2023
HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith. By: McNees Wallace & Nurick LLC
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Parody under the Copyright Law
IP and Legal Filings
JUNE 12, 2023
It may be expressed in any artistic medium, and may not necessarily critique the work in itself – sometimes, it may also be used to criticize or highlight the theme, author, doctrine, philosophy, ideals, or even a particular subject. Parody is often taken as a defence in trademark infringement suits. In the case of Pepsi Co v. s commercial.
Authors: OpenAI’s Fair Use Argument in Copyright Dispute is Misplaced
TorrentFreak
SEPTEMBER 28, 2023
The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage.
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Why do artists infringe copyright – the tension between artistic creativity and copyright law
IPilogue
JULY 18, 2022
Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. There seems to have always been tension between artistic creativity and copyright law.
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Toei YouTube Blitz Shows That ‘Law of Content ID’ Can Trample Fair Use
TorrentFreak
DECEMBER 9, 2021
The 634K-subscriber YouTube channel ‘Totally Not Mark’ is in peril this morning after what can be described as a copyright takedown blitz by Japan-based animation company Toei. ” Earlier this week Mark received an email saying that 15 of his videos had been copyright claimed by Toei.
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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use
The IP Law Blog
MAY 25, 2023
In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.
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Unilateral copyright law
Likelihood of Confusion
APRIL 30, 2023
Eugene Volokh joins the pile–on regarding a website that claims to exempt its contents from the liberating effects of the fair use doctrine. The post Unilateral copyright law appeared first on LIKELIHOOD OF CONFUSION™. The North Country Gazette, a publication whose.
DC Circ. Undoes Library Of Congress Win In Fair Use Fight
IP Law 360
JUNE 7, 2024
Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.
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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?
IPilogue
MAY 26, 2022
Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. The fair use defence is rarely used in music sampling cases.
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Fair Use Takes Center Stage In 'Tiger King' Copyright Case
IP Law 360
MARCH 22, 2023
A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.
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Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon
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? Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. As a result, the opinion only discusses common law contributory infringement claims. CloudFlare’s block ).
Supreme Court Rules adaption of Warhol print not “fair use”
Indiana Intellectual Property Law
JUNE 1, 2023
Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading
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Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI
JD Supra Law
FEBRUARY 6, 2024
The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the ability to create many forms of unique content (e.g.,
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Copyright in the Age of Bots
Plagiarism Today
SEPTEMBER 23, 2021
If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot. According to YouTube, their automated Content ID system handles over 98% of copyright issues on the site.
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Fair Use Week: A Salute (of sorts) to Lenz v. UMG
The Illusion of More
FEBRUARY 23, 2022
Fair Use Week. I still don’t know why this doctrine in copyright law should be observed on the calendar, let alone for a whole week carved out of Black History Month. But in 2013, some anti-copyright ideologues thought it should be a thing, so now it’s a thing. […]. Well, here we are again. Ninth annual.
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Comedy Group's 'Grease' Parody Is Deemed Fair Use
IP Law 360
MAY 12, 2022
A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.
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Good Artists Copy; Great Artists Steal - Supreme Court Seemingly Narrows First Factor of Fair Use In Copyright Suit, Leaving Unanswered Questions For Artists and AI
JD Supra Law
MAY 23, 2023
On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on respondent Lynn Goldsmith’s photograph of the artist Prince Rogers Nelson, better known simply as “Prince.”.
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DMCA Subpoena to Unmask Twitter User Hits Fair Use & Constitutional Roadblock
TorrentFreak
JUNE 22, 2022
Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.
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Copyright Fair Use for GenAI Training Data – Summary Judgment Decision Arriving Soon?
JD Supra Law
JUNE 26, 2023
One of the most impactful copyright law issues of our time is whether the unauthorized use of copyrighted materials as training data for generative artificial intelligence (GenAI) models is protected fair use under the Copyright Act. A substantive ruling on this issue could arrive soon.
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Takedown Services Under Copyright Law
IP and Legal Filings
APRIL 19, 2022
The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?
Fight Over NFL Star's Statue Hinges On Who Holds Copyright
IP Law 360
MARCH 20, 2024
The works of sculptors, like those of other artists, are protected by the fair use doctrine in U.S. copyright law, while photographers also have copyright protection for their work when others try to use it for their own profit.
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The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
The IP Law Blog
JUNE 16, 2023
Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Listen to this podcast episode here.
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GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy
TorrentFreak
NOVEMBER 16, 2021
The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.
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No Fair Use for Warhol Prince Photo
LexBlog IP
MAY 24, 2023
Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.
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[Audio] Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith
JD Supra Law
JUNE 16, 2023
Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. By: Weintraub Tobin
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Supreme Court Rules Andy Warhol’s Prince Portraits Not Fair Use
JD Supra Law
MAY 19, 2023
On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.
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Copyrights Wanted: No Creativity Required
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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Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights
TorrentFreak
MARCH 19, 2022
Someone on the internet has breached Watch Tower’s copyrights and, as a result, their true names and addresses should be handed over so that the group can seek remedy for infringement. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Watch Tower doesn’t care.
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Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”
IPilogue
NOVEMBER 11, 2021
Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Brace Memorial Lecture.
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The Art Critic’s Role in Fair Use
Patently-O
APRIL 3, 2022
Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. by Dennis Crouch. Andy Warhol Foundation v. 17 U.S.C. §
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The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
LexBlog IP
JUNE 16, 2023
Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Listen to this podcast episode here.
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Isn’t it time for the “Fair Use Bill of Rights?”
LexBlog IP
SEPTEMBER 25, 2023
Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” using a short 5-second audio or video clip, sound effect, music clip, etc.)
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The Role of Fame in Considering Fair Use
The Illusion of More
JUNE 8, 2023
Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious).
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