Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. As discussed below, there could be a separate violation if rights management information is removed.

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Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Thus, the decisions about what textual information to include in the training dataset are deliberate choices. This body of text is called the training dataset.

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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. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

TorrentFreak

AUGUST 29, 2023

. “None of these causes of action states a viable claim for relief because none of the legal theories challenged here actually condemns the conduct alleged with respect to ChatGPT, the language models that power it, or the process used to create them,” OpenAI informed the court. Derivative?

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43(B)log

FEBRUARY 16, 2022

But fair use protects precisely this kind of analysis. Opening software to information gathering and vulnerability testing is transformative, just as gathering information about and criticizing other types of works are classic transformative fair uses. The Supreme Court made clear in Google LLC v.

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LexBlog IP

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 Google, Inc., (the

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43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

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SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? This method involves the feeding of a large amount of data, including copyrighted works.

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Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. You’d be wrong. 17 U.S.C. §

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Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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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). Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Copyright 1.

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TorrentFreak

JULY 14, 2024

In the belief that the curriculum contains information supportive of the group’s cause and in the wider public interest, it’s alleged that Parrish set out to obtain a copy. Before moving on, it’s worth considering who holds the power in respect of this specific copyrighted work.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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TorrentFreak

SEPTEMBER 7, 2021

Viewing a transmission is not a public display, public performance, public distribution or derivative work of the original copyrighted work,” the motion to dismiss reads. Fair Use Defenses. “The Broadcast was essentially four hours long…In other words, the 4/22/21 Podcast used less than.3%

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Copyright Fair Use Copyright Infringement Copying 137

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Table of Contents: Warhol v.

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Kluwer Copyright Blog

AUGUST 13, 2023

It is based on “ large language models ” (so called LLM ), which is “ trained by copying massive amounts of text ” (so called training dataset ) “ and extracting expressive information from it ” (see § I.2). The LLM from the training dataset emits a text output in response to user prompts.

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Copyright Derivative Work Copying Copyright Infringement 98

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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Patently-O

DECEMBER 11, 2023

Below is the substance of our reply comments explaining why we believe the agency’s comments were ill-informed, misguided, and highly ambiguous. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

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Intepat

FEBRUARY 3, 2025

In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Understanding Copyright Law and How It Applies to Fanfiction Indias Copyright Act of 1957 protects original works like books, movies, and art. What is Fair Use (or Fair Dealing) in India?

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Patently-O

SEPTEMBER 1, 2023

The copyright office seeks input on the legality of training generative models on copyrighted works obtained via the open internet, but without an express license. In particular, an approach that does not store or actually copy the underlying works would be less likely to be be infringing.

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The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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LexBlog IP

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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LexBlog IP

SEPTEMBER 28, 2023

OpenAI also made passing reference to the fair use defense, arguing that courts are empowered to adapt the defense “to account for ‘rapid technological change.’” Because they alleged direct copying of their works by OpenAI, the substantial similarity test is irrelevant, they contended.

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SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side Image from here RTI applications are often responded to with dodgy replies and incorrect information. Md Sabeeh Ahmad writes on the proposed changes to the timelines in the patent prosecution process.

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LexBlog IP

SEPTEMBER 21, 2023

” OpenAI claimed that the authors “misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”

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Copyright Infringement Copyright Fair Use Derivative Work 52

LexBlog IP

FEBRUARY 14, 2024

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.” ” The plaintiffs now have until March 13, 2024 to file an amended complaint.

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Copyright Derivative Work Copyright Infringement Copying 52

Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. File Photo If you’re planning to sell an unauthorized sequel to one of the best-selling books of all time, you might consider keeping that information on the down-low. Even though Cramer v.

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Copyright Copyright Infringement Music Fair Use 115

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Emphasis in original). Corelogic, Inc. ,

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). For more information, please see Cleary Gottlieb’s client alert. for Visual Arts, Inc.

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JIPEL Copyright Blog

MARCH 9, 2022

So perhaps it has never been timelier that museums further explore and embrace the use of augmented and virtual reality (“AR” and “VR”). There are clear advantages to the use of these technologies in the museum context. There are clear advantages to the use of these technologies in the museum context.

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LexBlog IP

SEPTEMBER 12, 2023

The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. It concludes by emphasizing the significance of being well-informed to mitigate legal risks and make informed decisions for AI startups.

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Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. It concludes by emphasizing the significance of being well-informed to mitigate legal risks and make informed decisions for AI startups.

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Copyright Fair Use Copyright Law Intellectual Property 52

The IPKat

SEPTEMBER 14, 2023

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the – so to speak – derived work.’

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Copyright Derivative Work Copyright Law Law 91

SpicyIP

JUNE 26, 2024

A general lack of clarity on the issue of information asymmetry and inaccessibility for PwDs was recently brought to light in the matter of Prof. Under the current copyright framework, although fair use permits the creation of accessible copies, authors and publishers remain cautious due to concerns about potential copyright infringement.

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IIPRD

SEPTEMBER 29, 2022

Copyright doesn’t protect all forms of information from copying but it provides a useful bundle of rights that protects data on the Internet and electronic bulletin board systems. Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use.

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Velocity of Content

JANUARY 15, 2025

Copyright law grants authors and other creators specific exclusive rights over their work, including the rights to reproduce, distribute, and display the works, and to create derivative works such as translations or adaptations.

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