Copyright, Fair Use and Reporting - Intellectual Property Pulse

Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report

IP Law 360

NOVEMBER 13, 2024

An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. Senate oversight panel Wednesday.

Fair Use

Fair Use Reporting Copyright

Copyright Fair Use for Education

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

Fair Use

Fair Use Copyright Privacy Copying

South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions

TorrentFreak

JULY 27, 2024

The American copyright industry is one of the country’s primary exports, generating billions of dollars in annual revenue. To protect the interests of these businesses around the world, copyright holder groups can count on help from the U.S. to use it as a basis for sanctions. companies are among the global market leaders.

Fair Use

Fair Use Copyright Government Copyright Law

Reddit Reports Surge in Copyright-Related User Bans

TorrentFreak

APRIL 17, 2024

A few hours ago, the company released its latest transparency report detailing the actions it took in the second half of 2023. 779,628 ‘Infringing’ Items Flagged At TorrentFreak, we are mostly interested in copyright-related actions. That said, the company does signal a significant increase in copyright-related user bans.

Reporting

Reporting Copyright Copyright Infringement Fair Use

Fair Use: Yes or No?

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

Fair Use Art Artwork Licensing

Reddit Reports Surge in Copyright Takedown Notices and User Bans

TorrentFreak

DECEMBER 3, 2022

In addition to rising visitor numbers, copyright enforcement complaints have skyrocketed to previously unimaginable levels. Reddit detailed these trends a few days ago in its latest transparency report. During the first months of the year, copyright holders asked Reddit to remove a record-setting 738,010 pieces of content.

Reporting

Reporting Copyright Fair Use Copyright Infringement

New UFC Copyright Lawsuit Rejects Fair Use Defense For Documentary Makers

TorrentFreak

AUGUST 20, 2022

What the UFC does have is lots of smart executives, an extraordinarily valuable brand, equally lucrative trademarks, and an extensive copyright-protected back catalog that documents the history of MMA in the United States and beyond. The UFC doesn’t manufacture anything either, at least not in the traditional sense.

Fair Use

Fair Use Copyright Licensing Intellectual Property

(Un)fair Use? Copyrighted Works as AI Training Data — AI: The Washington Report

JD Supra Law

JANUARY 11, 2024

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies.

Fair Use

Fair Use Reporting Copyright Government

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API).

Fair Use

Fair Use Copying Copyright Infringement Technology

Let’s Go Hazy: Making Sense of Fair Use After Warhol

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

Fair Use Licensing Copying Artwork

IPSC Closing Plenary: Fair Use After Warhol

43(B)log

AUGUST 9, 2024

Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Copyright attaches to works, not ouvres. Path forward: copyright consists in the original properties by which a work expresses: by which it represents, denotes, and exemplifies. Is this relevant to fair use?

Fair Use

Fair Use Marketing Marketing Licensing

[Event Report] #2 Digital Knowledge – The Library and Copyright in a Global Digital Economy

The IPKat

SEPTEMBER 13, 2024

Jukka Liedes (Chair, Finnish Copyright Society) reflected on the society's values for creating flexible norms in light of AI. Alison Firth, Jukka Liedes, Rudolf Leška, Carlo Scollo Lavizzari and Daniel Gervais Last but not least, Professor Daniel Gervais (Law School Vanderbilt University) elucidated on fair use.

Reporting

Reporting Copyright Due Diligence Licensing

[Event Report] #1 Digital Knowledge – The Library and Copyright in a Global Digital Economy

The IPKat

SEPTEMBER 12, 2024

This TechieKat is thrilled to attend the Digital Knowledge – The Library and Copyright in a Global Digital Economy conference which is taking place today and tomorrow in Stockholm, Sweden. Here is this TechieKat’s report on the first day of the conference.

Reporting

Reporting Copyright Fair Use Intellectual Property

The stubborn memory of generative AI: overfitting, fair use, and the AI Act

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.

Fair Use

Fair Use Copyright Copying Technology

NVIDIA: Copyrighted Books Are Just Statistical Correlations to Our AI Models

TorrentFreak

AUGUST 17, 2024

When AI hit the mainstream, it became apparent that rightsholders are not always pleased that their works were used to train AI. This applies to photographers, artists, music companies, journalists, and authors, some of whom formed groups to file copyright infringement lawsuits to protect their rights. Trial in Two years…?

Copyright

Copyright Fair Use Copyright Infringement Copying

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.

Fair Use

Fair Use Copying Copyright Copyright Law

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

Fair Use

Fair Use Journalism Licensing Marketing

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.

Fair Use

Fair Use Copyright Law Copyright Law

Navigating Book Copyright: Key Insights for Business Owners

Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work.

Business

Business Public Domain Copyright Fair Use

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use

Fair Use Derivative Work Blogging Licensing

Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.”

Copyright

Copyright Derivative Work Fair Use Reporting

RIAA Sues Suno & Udio AI Music Generators For ‘Trampling’ on Copyright

TorrentFreak

JUNE 24, 2024

Two Targets, Two Lawsuits The RIAA announced not one, but two copyright infringement lawsuits on Monday, filed against two of the most impressive services in the generative AI music market. Udio owner Unchartered Labs was sued in the US District Court for the Southern District of New York, while Suno, Inc.

Music

Music Copyright Fair Use Copying

True or False? Addressing Common Assumptions About Copyright and AI

Velocity of Content

JULY 31, 2024

Copyrighted materials are the fuel for artificial intelligence (AI) systems, but misunderstandings persist about how copyright applies to the use of content as training material for AI models. Let’s explore some common assumptions about copyright and AI and address several widely held misunderstandings on the subject.

Copyright

Copyright Fair Use Licensing Copyright Infringement

More fair use follies — copyright infringement by court filing?

Likelihood of Confusion

FEBRUARY 27, 2022

Evan Brown reports (links added): The parties in the matter of Shell v. The post More fair use follies — copyright infringement by court filing? Devries, a case from the U.S. District Court for the District of Colorado, are no strangers to. appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use

Fair Use Copyright Infringement Copyright Reporting

How Fair Use Helps Bloggers Publish Their Research (Cross-Post)

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. Publishing these materials can create substantial legal risk for research-focused bloggers, including the risk of copyright infringement. Fair use is supposed to protect research bloggers in these circumstances.

Fair Use

Fair Use Publishing Copyright Infringement Journalism

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness”

Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. In 2012, US NASA’s robotic rover touched down on Mars.

Reporting

Reporting Copyright Art Copyright Infringement

Fair Use Clauses & Non Fungible Tokens

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Like all other copyrighted works, the issue of “Fair Use” also arises in the Eeb3 and NFT space.

Non-Fungible Tokens

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement

Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. Copyright law in the U.S.

Fair Use

Fair Use Derivative Work Copyright Law Art

Reddit Sees Copyright Takedowns Peak While Subreddit Bans Drop

TorrentFreak

OCTOBER 7, 2023

A few years ago copyright holders paid little attention to these discussions. In 2017, the site removed ‘just’ 4,352 pieces of content in response to copyright holders’ complaints. ” Copyright Takedown Notices Peak There were no dramatic increases related to Reddit’s copyright policies.

Copyright

Copyright Copyright Infringement Fair Use Reporting

Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split

JD Supra Law

APRIL 6, 2022

Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a “transformative” fair use of the copyrighted Lynn Goldsmith photograph that Warhol used as source material (see Bracewell’s earlier reporting here). By: Bracewell LLP

Fair Use

Fair Use Reporting Copyright

NVIDIA Denies Copyright Infringement Claims in Authors’ AI Lawsuit

TorrentFreak

MAY 27, 2024

The company published its latest quarterly results last week, reporting $26 billion in revenue; a 340% increase compared to two years ago. NVIDIA Faces Copyright Infringement Claims Earlier this year, several authors sued NVIDIA over alleged copyright infringement. Copyright Act,” the company writes.

Copyright Infringement

Copyright Infringement Copyright Fair Use Copying

‘Modded Hardware’ Defendant Denies Nintendo’s Copyright Claims in Court

TorrentFreak

OCTOBER 6, 2024

In addition, the gaming company seeks damages for direct and contributory copyright infringement, accusing the defendant of adding pirated games to consoles. Fair Use and Other Defenses In addition to the denials, Daly presents a list of seventeen affirmative defenses. That violates the DMCA, for which Nintendo demands damages.

Copyright

Copyright Fair Use Copying Copyright Infringement

A 5 Month Check-In on the Copyright Claims Board (CCB)

Technology & Marketing Law Blog

NOVEMBER 22, 2022

I also call your attention to a new article, “ The Copyright Claims Board: Good News or Bad News for Communication Scholars? ,” by Patricia Aufderheide and Aram Sinnreich, reporting on a survey of communications scholars about how they would respond to a CCB claim against them. of respondents selecting values in this range.

Copyright

Copyright Fair Use Settlement Blogging

The Doctrine of Fair Use: All You Need To Know

Larson & Larson

JUNE 21, 2021

Without a shred of doubt, copyright law envisages the protection of the copyright holder’s rights. The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. What is Fair Use?

Fair Use

Fair Use Copying Copyright Marketing

OpenAI Wants News Org.'s Copyright Suit Cut To Core Issue

IP Law 360

SEPTEMBER 4, 2024

OpenAI has asked a New York federal judge to dismiss multiple claims from a copyright suit brought against it and Microsoft Corp. by the Center for Investigative Reporting Inc., arguing the case should be pared down to the "core issue" of how the fair use doctrine applies to artificial intelligence training.

Copyright

Copyright Fair Use Reporting

Triller Reportedly Agreed to Settle ‘Jake Paul’ Piracy Claim Then Returned Cash

TorrentFreak

OCTOBER 23, 2021

Copyright owner Triller filed a wave of lawsuits after the PPV fight aired, targeting various sites and their operators. That included a number of YouTube channels including the H3 Podcast, which is currently fighting back citing fair use , a defense that Triller says isn’t available.

Reporting

Reporting Settlement Fair Use Copyright Infringement

Block Innovation By Supporting the Generative AI Copyright Disclosure Act

TorrentFreak

APRIL 12, 2024

The Generative AI Copyright Disclosure Act Introduced by Representative Adam Schiff (D-CA) this week, the bill envisions “groundbreaking legislation” that would compel companies to be completely transparent when training their generative AI models on copyrighted content. Schiff explains.

Copyright

Copyright Music Fair Use Reporting

3 Count: Matrix Arbitration

Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely.

Fair Use

Fair Use Reporting Plagiarism Copyright

Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

The IP Law Blog

JULY 22, 2021

For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

Music

Music Fair Use Copyright Reporting

3 Count: USCO Chimes In

Plagiarism Today

AUGUST 17, 2022

Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. The Warhol estate has attempted to argue that the new paintings were highly transformative and should be considered a fair use. 3: Copyright Act Helps Astro to Tackle Illegal TV Boxes, Content Distributors Issue.

Fair Use

Fair Use Copyright Reporting Plagiarism

Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallicunations

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

Copyright Infringement Copyright Publishing Copying

3 Count: Scooter Fight

Plagiarism Today

AUGUST 16, 2022

Copyright Infringement Verdict Against Vimeo Stands on Appeal. The lawsuit was filed by the local broadcaster Mediaset, which claimed that Vimeo failed to take action against some 2,000 infringing videos they reported on the service. 2: Piaggio Loses EU Legal Battle Over Scooter Copyright. Have any suggestions for the 3 Count?

Fair Use

Fair Use Copyright Infringement Plagiarism Intellectual Property

Internet Archive’s Copyright Battle with Book Publishers Nears Climax

TorrentFreak

MARCH 21, 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 Internet Archive wholeheartedly disagrees with the copyright infringement allegations.

Publishing

Publishing Copyright Fair Use Copyright Infringement

Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report

Copyright Fair Use for Education

Trending Sources

South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions

Reddit Reports Surge in Copyright-Related User Bans

Fair Use: Yes or No?

Reddit Reports Surge in Copyright Takedown Notices and User Bans

New UFC Copyright Lawsuit Rejects Fair Use Defense For Documentary Makers

(Un)fair Use? Copyrighted Works as AI Training Data — AI: The Washington Report

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

Let’s Go Hazy: Making Sense of Fair Use After Warhol

IPSC Closing Plenary: Fair Use After Warhol

[Event Report] #2 Digital Knowledge – The Library and Copyright in a Global Digital Economy

[Event Report] #1 Digital Knowledge – The Library and Copyright in a Global Digital Economy

The stubborn memory of generative AI: overfitting, fair use, and the AI Act

NVIDIA: Copyrighted Books Are Just Statistical Correlations to Our AI Models

GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy

When is it Fair Use to Use a Photo to “Illustrate” an Article?

The Doctrine of Fair Use in Copyright Law

Navigating Book Copyright: Key Insights for Business Owners

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

RIAA Sues Suno & Udio AI Music Generators For ‘Trampling’ on Copyright

True or False? Addressing Common Assumptions About Copyright and AI

More fair use follies — copyright infringement by court filing?

How Fair Use Helps Bloggers Publish Their Research (Cross-Post)

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness”

Fair Use Clauses & Non Fungible Tokens

Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use

Reddit Sees Copyright Takedowns Peak While Subreddit Bans Drop

Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split

NVIDIA Denies Copyright Infringement Claims in Authors’ AI Lawsuit

‘Modded Hardware’ Defendant Denies Nintendo’s Copyright Claims in Court

A 5 Month Check-In on the Copyright Claims Board (CCB)

The Doctrine of Fair Use: All You Need To Know

OpenAI Wants News Org.'s Copyright Suit Cut To Core Issue

Triller Reportedly Agreed to Settle ‘Jake Paul’ Piracy Claim Then Returned Cash

Block Innovation By Supporting the Generative AI Copyright Disclosure Act

3 Count: Matrix Arbitration

Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

3 Count: USCO Chimes In

Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallicunations

3 Count: Scooter Fight

Internet Archive’s Copyright Battle with Book Publishers Nears Climax

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