Velocity of Content

JANUARY 7, 2025

The following is an excerpt from the article The Heart of the Matter: Copyright, AI Training, and LLMs, authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. Nevertheless, some uses of LLMs and their training may be found to be fair use.

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Copyright Licensing Fair Use Journalism 52

Plagiarism Today

OCTOBER 25, 2021

1: Nirvana Beats T-Shirt Copyright Lawsuit Involving Dante’s ‘Inferno’ First off today, Bill Donahue at Billboard reports that members of the band Nirvana have emerged victorious in a battle over their iconic Dante’s Inferno shirt, even if it is likely not the final word on the case.

Music 246

Music Publishing Fair Use Journalism 246

Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. Independent Journal Review , No. This was a concert photo.

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Fair Use Licensing Copyright Marketing 105

Intepat

JANUARY 10, 2025

Introduction Copyright law plays a crucial role in regulating the distribution and protection of creative works, but its impact is not uniform across the world. In the Global South, the challenges posed by copyright law are particularly significant, often hindering access to knowledge and limiting opportunities for development.

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Copyright Law Copyright Law Intellectual Property 52

The IP Law Blog

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

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Music Fair Use Copyright Reporting 104

Velocity of Content

MAY 24, 2023

Content reuse is central to most medical communications projects, but navigating the copyright guidelines applicable to this reuse remains a challenge for some agencies and clients. I want to use copyrighted material for internal use only. What are the dos and don’ts regarding permission?

Copyright 98

Copyright Fair Use Journalism Publishing 98

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. The vast majority of U.S.

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Litigation Copyright Copyright Infringement Fair Use 52

JD Supra Law

FEBRUARY 28, 2024

Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons. Those who plan to use photos based on a fair use defense should take heed of this decision. By: Venable LLP

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Fair Use Journalism Copyright 68

TorrentFreak

MAY 1, 2024

In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. In addition, ChatGPT can recall large parts of their copyright-protected articles, which effectively bypasses their paywalls. The plaintiffs show that ChatGPT can reproduce content from copyrighted news articles when prompted.

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Copyright Infringement Copyright Publishing Copying 127

TorrentFreak

MAY 1, 2024

In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. In addition, ChatGPT can recall large parts of their copyright-protected articles, which effectively bypasses their paywalls. The plaintiffs show that ChatGPT can reproduce content from copyrighted news articles when prompted.

Copyright Infringement 126

Copyright Infringement Copyright Publishing Copying 126

IP and Legal Filings

MARCH 5, 2025

Considering that deepfakes are original, and are a result of human authors own intellectual creation, they are copyright-protected. In the United States, following the Feist publication, a work that has a modicrum of creativity is sufficient to benefit from copyright protection. WHERE SHOULD THE LINE BE DRAWN TO CURB MISUSE?

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Derivative Work Copyright Moral Rights Copyright Law 52

JD Supra Law

FEBRUARY 16, 2024

The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the author’s required attribution language was not otherwise “fair use.”

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Fair Use Journalism Registration Copyright 59

IP Watchdog

FEBRUARY 8, 2024

Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v.

Fair Use 105

Fair Use Journalism Registration Copyright 105

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. The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

Copyright Law 104

Copyright Law Copyright Fair Use Law 104

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.

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Copyright Law Copyright Law Social Media 98

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

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Copyright Fair Use Designs Design 94

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Bloggers play an increasingly important role in the research ecosystem, especially as investigative journalism has declined. Fair use is supposed to protect research bloggers in these circumstances.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

TorrentFreak

FEBRUARY 27, 2024

.” ‘Hired Guns Don’t Stop Evolving Technology’ The OpenAI defendants continue their motion to dismiss by noting that AI is yet another technical evolution that will change the world, including journalism. However, OpenAI notes that the suggestion that its activities threaten journalism is overblown, or even fiction.

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Fair Use Journalism Reporting Technology 138

Patently-O

AUGUST 31, 2021

The focus of the case is copyrightability of the SAS statistical software and its outputs. SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Copyright Alliance Brief – Supporting SAS.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

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.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

IPilogue

DECEMBER 7, 2021

There is no copyright in facts and historical events; however, writers can claim copyright in their letters if they are sufficiently original. While this alone is not sufficient to give rise to a claim for copyright infringement, Dorland and the protagonist do express similar sentiments.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

TorrentFreak

JUNE 30, 2023

The new technology also brings up novel copyright questions. Several rightsholders are worried that their work is being used to train AI without any form of compensation, for example. How these and other copyright questions will be dealt with is not entirely clear. Meanwhile, rightsholders don’t intend to stand idly by.

Copyright Infringement 145

Copyright Infringement Fair Use Copyright Journalism 145

SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. Analysing the intersection of journalistic privilege and copyright law.

Blogging 58

Blogging Intellectual Property Journalism Social Media 58

Chicago-Kent Intellectual Property Journal Blog

MAY 12, 2023

copyright law, … The post Compliance and Alignment: Ensuring Generative AI Stays Within the Bounds of Fair Use appeared first on Chicago-Kent | Journal of Intellectual Property.

Fair Use 52

Fair Use Journalism Intellectual Property Copyright Law 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

Fair Use 75

Fair Use Journalism Copyright Infringement Copying 75

Chicago-Kent Intellectual Property Journal Blog

NOVEMBER 4, 2021

All [four statutory factors] are to be explored, and the results weighed together, in light of the purposes of copyright.’”[1] 1] The fair use defense in copyright law is very flexible … The post Two Kinds of Fair Use: The Unintended Effect of Google v.

Fair Use 40

Fair Use Journalism Intellectual Property Copyright Law 40

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Fair use in US ( Google Books but reuse pattern different here. Fair dealing c.

IP 124

IP Derivative Work Intellectual Property Art 124

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. million additional books protected by valid copyrights. At least, that was the idea.

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Publishing Copying Fair Use Licensing 100

Plagiarism Today

APRIL 3, 2025

A judge has awarded a photographer summary judgment in a case against the City of Chicago. It could be a major win for artists everywhere. The post Photojournalist Wins Lawsuit Against the City of Chicago appeared first on Plagiarism Today.

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Plagiarism Fair Use Journalism Art 297

Velocity of Content

JANUARY 31, 2023

I don’t find this argument convincing given the ability today to license many content types at scale for TDM, including images, music and yes, journal articles (See “Full disclosure” above), but it is an argument often offered by infringers. This practice creates a single point of contact for uses that may not fit within the CC lines.

Licensing 98

Licensing Fair Use Journalism Publishing 98

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

LexBlog IP

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

Music 52

Music Fair Use Copyright Reporting 52

Intepat

JANUARY 8, 2024

New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Dear Rich IP Blog

SEPTEMBER 17, 2024

The website does not have a notice about not being allowed to use them. Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? You should presume works are protected by copyright unless proven otherwise. Citing the source.

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Public Domain Fair Use Copying Copyright Notice 52

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.

Copyright 52

Copyright Journalism Art Business 52