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

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. Oracle America, Inc., Lewis Galoob Toys, Inc. See 17 U.S.C. §

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

TorrentFreak

SEPTEMBER 7, 2021

However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say. The entire broadcast, to which Triller owns the copyright, lasted much longer – four hours in fact – meaning that any use of the Jake Paul fight by the defendants in their two-hour podcast was necessarily small.

Copyright 137

Copyright Fair Use Copyright Infringement Copying 137

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith, Andy Warhol not only used Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

JANUARY 16, 2024

106, et seq): the plaintiffs never authorized Meta to make copies of their works and derivative works, publicly display copies (or derivative works), or distribute copies (or derivative works) during the training process of the LLaMA language models. Vicarious Copyright Infringement (17 U.S.C. §

Derivative Work 135

Derivative Work Copyright Infringement Copying Copyright 135

Technology & Marketing Law Blog

MARCH 30, 2025

It’s an apropos reference because Data is an android who sometimes creates putatively copyrightable works, and one of the best-loved series episodes turns on whether Data should be given the same legal rights as humans. (An ” The court wasn’t willing to do this.

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. USCO and Federal Court decisions in US b.

IP 124

IP Derivative Work Intellectual Property Art 124

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.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

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 and, as a result, did not constitute fair use. [2] for purposes such as criticism, comment, news reporting, teaching.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 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 and, as a result, did not constitute fair use. [2] for purposes such as criticism, comment, news reporting, teaching.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

IP and Legal Filings

JUNE 29, 2024

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. This usually applies in cases of news, parody, commentary, non-commercial use etc. Rajagopal v.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

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.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Patently-O

DECEMBER 11, 2023

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. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October.

Copyright 91

Copyright Derivative Work Copyright Law Law 91

IPilogue

NOVEMBER 16, 2022

The fair dealing exceptions recognize certain uses of protected works as benefitting society, and thereby safeguard those uses from findings of infringement. The parallel doctrine in the US tracks along similar reasoning and is known as the ‘fair use’ doctrine. Our answer is yes.”

Fair Use 59

Fair Use Derivative Work Copyright Copyright Law 59

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Question 1 gave inconsequential results re inputs.

Copyright 135

Copyright Ownership Social Media Licensing 135

SpicyIP

SEPTEMBER 4, 2023

Considering that cause of action is a matter of fact, the court held that if the same has been pleaded even without specific reference to the relevant provision (here Section 20 of the CPC), the suit will be maintainable. DLT Global v.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

LexBlog IP

SEPTEMBER 28, 2023

They argued that Plaintiffs have not explained how ChatGPT’s outputs are substantially similar to Plaintiffs’ works. It is not enough for the output to merely be “based upon” another work, Open AI argued. court has squarely ruled on the question.”

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 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. When Netflix refused to pay up, Cramer sued for copyright infringement. Cramer’s second get-rich-quick scheme didn’t go so well. Even though Cramer v. Haines still had no trouble dismissing Cramer’s case.

Copyright 115

Copyright Copyright Infringement Music Fair Use 115

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.”

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. Supporters of fair use point to a U.S.

Licensing 52

Licensing Fair Use Copying Copyright 52

Kluwer Copyright Blog

DECEMBER 12, 2023

Photo by Markus Spiske on Unsplash In his classic work, ‘Capitalism, Socialism and Democracy’, Josef Schumpeter referred to the ‘waves of creative destruction’ to describe how monopoly rents incentivise entrepreneurs to take risk and innovate. To facilitate the process of TDM, data is the key.

Copyright 81

Copyright Derivative Work Music Designs 81

Copyright Lately

MAY 1, 2023

The new DIY tools aren’t particularly difficult to use, but even technically-challenged wannabe producers can use off-the-shelf apps like Musicfy and Uberduck to perform voice-to-voice and text-to-voice conversions using models trained on the voices of popular artists. ” VMG Salsoul, LLC v.

Music 93

Music Copyright Copying Copyright Law 93

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). See, e.g., White v. See also Prof.

Copyright 71

Copyright Copying Copyright Infringement Editing 71

Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 52

SpicyIP

JUNE 26, 2024

The Draft National Policy for Persons with Disabilities also provides for the need to develop accessible e-content for all course curriculum and reference book materials. Section 42 of the Act places an obligation on the appropriate government to ensure that all contents available in audio, print and electronic media are in accessible format.

Copyright 81

Copyright Copying Publishing Cinema 81

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). However, such uses must be licensed or be held unfair. Acuff-Rose Music, Inc.

Derivative Work 93

Derivative Work Fair Use Licensing Art 93

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] StockX asserted several affirmative defenses, including fair use and the first sale doctrine, claiming that Nike’s suit “threatens the legitimate use of NFTs.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

Blogging 98

Blogging Copying Social Media Copyright 98

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.

Fair Use 98

Fair Use Licensing Copying Artwork 98

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. It was considered a criminal offense.

Fair Use 105

Fair Use Copyright Privacy Copying 105