Intellectual Property Law Blog

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? Scanning books to create eBooks does not. In Authors Guild v. Google, Inc., (the

Fair Use 244

Fair Use Derivative Work Copying Marketing 244

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.

Fair Use 109

Fair Use Music Copyright Law Copyright 109

Hugh Stephens Blog

JANUARY 31, 2024

Photo: Author A couple of recent cases in the US involving (mis)appropriation of copyrighted photographs indicate the tide may be changing with respect to the interpretation of what constitutes fair use, moving from a very liberal interpretation of “transformation” that has been used in recent years to justify unauthorized reproduction of copyrighted (..)

Fair Use 162

Fair Use Copyright Art 162

TorrentFreak

DECEMBER 18, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The library argues that the court erred by rejecting its fair use defense.

Fair Use 110

Fair Use Copyright Infringement Copyright Copying 110

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.

Fair Use 113

Fair Use Copyright Copyright Law Art 113

The Illusion of More

JANUARY 15, 2024

Lately, we’ve seen several headlines and comments from tech giants say that AI ventures simply cannot succeed if they are forced to contend with the copyrights in the billions of works they have scraped for the purpose of machine learning (ML).

Fair Use 128

Fair Use Business Copyright 128

The Illusion of More

MARCH 1, 2024

Thus ends the 12th Annual Fair Use Week, and after the Warhol decision, it must be asked whether the parties who invented this holy week of the copyleft intend to continue the farce much longer. As a refresher, the fair use doctrine has been part of the U.S. appeared first on The Illusion of More.

Fair Use 104

Fair Use Invention Copyright Derivative Work 104

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.

Copyright 242

Copyright Fair Use Plagiarism Art 242

The Illusion of More

JANUARY 26, 2024

Yesterday, New York federal judge Sidney Stein ruled that Richard Prince, one of the most famous appropriation artists in the world, infringed the copyright rights of photographers Donald Graham and Eric McNatt by using their works in the controversial “New Portraits” series.

Fair Use 134

Fair Use Copyright 134

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.

Fair Use 93

Fair Use Copyright Copyright Infringement Derivative Work 93

The Illusion of More

AUGUST 8, 2022

I understand pursuing a fair use defense in a copyright case when the user of a work does something new and creative and believes there is a plausible argument to be made. I also understand why copyright skeptics file amicus briefs seeking opinions that would change the fair use doctrine.

Fair Use 124

Fair Use Copyright 124

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.

Fair Use 115

Fair Use Copyright Infringement Copyright Law Litigation 115

Copyright Alliance

MAY 19, 2023

Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.

Fair Use 144

Fair Use Copyright 144

IPilogue

MAY 26, 2022

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. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. On May 3, 2022, Bishop David P.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

IP Watchdog

JANUARY 29, 2024

On Thursday, final judgments were issued in a pair of copyright infringement cases that arose from a now infamous 2014/2015 project New Portraits, where appropriations artist Richard Prince displayed Instagram photos and user comments as a purported commentary on social media and art.

Fair Use 110

Fair Use Social Media Copyright Infringement Art 110

The Illusion of More

DECEMBER 1, 2023

Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light.

Fair Use 124

Fair Use Blogging Litigation Copyright 124

Dear Rich IP Blog

APRIL 9, 2024

From everything I've researched, all the images in the book should come under fair use. Polar interrogatives work well in psychology tests , congressional hearings , and wedding vows , but they're not suitable for analyzing fair use. That said, we think you are likely to prevail in a fair use dispute.

Fair Use 52

Fair Use Art Artwork Licensing 52

JD Supra Law

MAY 13, 2024

Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case explores the intersection of the “fair use” doctrine for both sculptors. By: Kohrman Jackson & Krantz LLP

Fair Use 115

Fair Use Copyright Infringement Copyright 115

The Illusion of More

APRIL 2, 2024

It was hard not to dismiss the headline posted by The Verge: How AI copyright lawsuits could make the whole industry go extinct. The article summarizes a new Decoder podcast hosted by Nilay Patel, joined by Sarah Jeong to discuss the copyright lawsuits filed against generative AI developers.

Fair Use 89

Fair Use Copyright 89

Creative Law Center

APRIL 10, 2021

Fair use guidelines are evolving. The post New Fair Use Guidelines: the Defense Narrows appeared first on Creative Law Center. You can't just slap your style on someone else's creative work and call it transformative.

Fair Use 261

Fair Use Law Copyright 261

Copyright Alliance

MAY 23, 2023

Copyright Office, was one of five witnesses who testified before the House Judiciary Committee’s IP Subcommittee hearing, […] The post Former Copyright Office GC Warns Against Blanket Assertions That AI Ingestion of Copyrighted Works ‘Is Fair Use’ appeared first on Copyright Alliance.

Fair Use 111

Fair Use Copyright IP 111

Copyright Alliance

APRIL 11, 2023

As lawsuits challenging the use of copyrighted works in generative artificial intelligence (AI) systems begin to snowball, there is one question at the forefront of the conversation: does the unauthorized […] The post Does the Use of Copyrighted Works to Train AI Qualify as a Fair Use?

Fair Use 113

Fair Use Copyright 113

Plagiarism Today

AUGUST 21, 2023

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

Copyright 224

Copyright Fair Use Plagiarism Art 224

Copyright Alliance

AUGUST 29, 2023

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability. In this post, we look at TV […] The post Movie Copyright Cases Filmmakers Should Know: Part 2, Movie Fair Use Cases appeared first on Copyright Alliance.

Fair Use 80

Fair Use Copyright Copyright Infringement Blogging 80

The Illusion of More

FEBRUARY 23, 2023

As most copyright watchers already know, two lawsuits were filed at the start of the new year against AI visual works companies. Both cases allege infringing use of large […] The post Why Machine Training AI with Protected Works is Not Fair Use appeared first on The Illusion of More. In the U.S.,

Fair Use 139

Fair Use Copyright 139

Copyright Lately

AUGUST 19, 2024

The AI copyright and fair use trial in Thomson Reuters v. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. Ross Intelligence may not be glamorous, but it will be groundbreaking.

Copyright 123

Copyright Fair Use Copying Marketing 123

JD Supra Law

MAY 22, 2023

Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same. On May 18, 2023, the U.S.

Fair Use 98

Fair Use Copyright Art 98

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).

Fair Use 88

Fair Use Social Media Licensing Marketing 88

Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Although state and local police are not prohibited from claiming copyright in their photos the answer depends on the state where the police department is located. When ruling on fair use, courts consider four factors. Public domain?

Public Domain 98

Public Domain Fair Use Privacy Publishing 98

JD Supra Law

JUNE 20, 2024

The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in nature and therefore not fair use. Laney Griner v. King for Congress, Case No. 22-3623 (8th Cir.

Fair Use 63

Fair Use Copyright Infringement Copyright 63

Technology & Marketing Law Blog

FEBRUARY 25, 2024

Thiccc Boy then sued for copyright infringement. The court finds fair use. Purpose and Character of Use. “the allegedly infringing videos undisputedly commented on the quality of the discussion in the copyrighted works.” Swindelles admittedly duplicated the copyrighted videos’ full frames.

Fair Use 76

Fair Use Copyright Infringement Television Copyright 76

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

Fair Use 92

Fair Use Licensing Copying Artwork 92

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. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

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.

Fair Use 101

Fair Use Copyright Law Copyright Law 101

Copyright Alliance

FEBRUARY 29, 2024

In part one of this blog, we looked at a number of photography and documentary film copyright cases that have been decided since the Andy Warhol Foundation v. Goldsmith opinion was […] The post Fair Use in a Post-Warhol World: Part II appeared first on Copyright Alliance.

Fair Use 66

Fair Use Blogging Copyright 66

Copyright Alliance

FEBRUARY 27, 2024

In May of last year, the Supreme Court handed down its much-anticipated fair use decision in Andy Warhol Foundation v. At the […] The post Fair Use in a Post-Warhol World: Part I appeared first on Copyright Alliance. Goldsmith (referred to as Warhol throughout this blog).

Fair Use 61

Fair Use Blogging Copyright 61

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.

Fair Use 79

Fair Use Copyright Copyright Law Law 79