This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Many lament the extractive nature of accessible art outputs, where AI companies train first and ask for forgiveness (fairuse) later. The Visual Artists Rights Act (VARA) provides some moralrights: non-economic rights personal to the author of a work.
1 Another key right is the creation of derivative works, which includes adaptations or translations. 3 This action would violate the right to translate, which is a specific aspect of the broader right to create derivative works. 13 Other arguments to limit the reach of the right exist. 17 U.S.C. § ↩︎ See id. Int’l Comm.
Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work.
This aligns with (but is not similar to) the definition of "audiovisual fixation" and 'audiovisual work' in Article 2 of the Beijing Treaty a nd proposed section 1(1) of South Africa's Copyright Amendment Bill , respectively. See the definition of “beneficiary person” in section 26(7)(d).
I speculated that this was an attempt to avoid a messy fairuse dispute. As I also mentioned, Microsoft’s lawyers seem to think that fairuse excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.
Free access to AI voice cloning technologies has definitely caused a ruckus across jurisdictions, with its improper use ranging from politics to entertainment to crime. These technologies, capable of accurately replicating voices with 95% accuracy in multiple languages and accents, have been misused more often than put to good use.
Unsettled; hard to say Cord & family intentionally or even negligently sat on their rights. Did Twain make fairuse? There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. Definitely true that they weren’t entirely pragmatic.
On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Keller, Recognizing the Derivative Works Right as a MoralRight: A Case Comparison and Proposal , 63 Case W.
On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fairuse provisions of trademark law to the unauthorized use of trademarks in the virtual world. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.
The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body. Acko General Insurance.
These paintings that saved her life are currently held in the Auschwitz-Birkenau Memorial and Museum in Poland, despite her pleas for their return: “They are definitely my own paintings; they belong to me, my soul is in them, and without these paintings, I wouldn’t be alive.”.
This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fairuse is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content