Remove Derivative Work Remove Intellectual Property Law Remove Litigation
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AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

Limiting the use of copyrighted works for AI training may too heavily constrain development, and free use threatens to drain the economic rewards that reward the creators. One of the biggest problems is the vagueness around AI-generated outputs and whether these are derivative works.

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Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

JIPEL Copyright Blog

It is an open legal question whether this would constitute an infringing derivative work. While these policy considerations could weigh heavily in their favor, it seems unlikely that any TO or group would be willing to risk litigation by hosting a tournament that Nintendo explicitly forbids.

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Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. This could potentially stifle creativity and limit the use of derivative works in commercial contexts.

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Intellectual Property (IP) Issues in Augmented Reality (AR)

Kashishipr

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

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.”

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What are the intellectual property rights for startups?

Biswajit Sarkar Copyright Blog

Under copyright protection, startups have the exclusive right to reproduce their works and distribute them to the public. Copyrights also provide startups with the authority to create derivative works based on their original creations. This means that no one else can copy or distribute their creations without permission.

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AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

Our analysis of the concept of work also investigated the legal status of secondary (derivative) works in relation to the (primary) works used in the input in the context of AI music outputs. 1] (On the topic of AI outputs and derivative works, see here.). More from our authors: Law of Raw Data.

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