Traverse Legal Blog

OCTOBER 20, 2022

Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset. What is a Fair Use Defense to a Copyright Infringement Claim?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. Luker Ecommerce Pvt.

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Trademark Registering Trademarks IP Copyright 105

Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

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Copyright Fair Use Copyright Law Settlement 105

IP and Legal Filings

MARCH 5, 2025

In contrast to conventional disinformation, deepfake information is imbued with heightened realism, persuasiveness, plausibility and dissemination intent. [1] Tackling Deep Fakes: Fair Use or Infringement of Personality Rights (Mondaq, 7 November 2023) <[link] accessed 17 January 2025. 10] Ibid. [11] 11] Ibid. [12]

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TorrentFreak

AUGUST 23, 2022

YouTube’s motion to dismiss the amended complaint failed on a number of fronts including those related to copyright infringement claims, correct registration and ownership of copyrighted works, and allegations that YouTube removed Copyright Management Information (CMI) from content uploaded to its platform.

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Copyright Infringement Copyright Ownership Fair Use 140

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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Copyright Copyright Law Fair Use Law 138

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

JUNE 26, 2024

What happens to information created by online newspapers, magazines, and bloggers if Google does not provide links to their content? The introduction of the notion of “AI Assistants” in popular jargon could be seen as an attempt to suggest that the way people consume information online is evolving.

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Copyright Content Creation Fair Use Technology 105

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

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The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. However, given the work was the first AI-generated art to win the Competition, the examiner was aware of the issue and requested more information. Therefore, they dismissed this argument.

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Art Copyright Registration Fair Use 120

Intellectual Property Law Blog

OCTOBER 3, 2023

Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship. Another argument rejected was based on Allen’s suggestion that “fair use” relates to the determination of whether a work is copyrightable.

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Copyright Copyright Law Artistic Work Artwork 147

Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

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Ownership Licensing Copyright Fair Use 81

Kluwer Copyright Blog

DECEMBER 14, 2022

Repair and maintenance information is often crucial for the repair of today’s increasingly complex and computerised products and devices. The InfoSoc Directive’s non-mandatory exception for the “uses in connection with the repair or demonstration of equipment” suggests an avenue for enabling wider access to repair information.

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Copyright Cease and Desist Fair Use Publishing 105

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. Has the public authority ‘opted out’ of its duty on the mere informal words of an individual?

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Patent Application Invention Confidentiality Copyright Law 131

Technology & Marketing Law Blog

MARCH 29, 2023

The CCB Board found his complaint met “statutory and regulatory requirements for bringing a claim,” and that the claim “provided enough information” for respondent to respond to the claim. It took eight months, but the ownership question of the photographs has been settled. I would not have selected one that had such information on it.

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Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

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Blogging Social Media Television Fair Use 111

SpicyIP

JANUARY 31, 2025

The blog covers landmark cases, policy reforms, and global IP trends, fostering informed discussions and promoting open access to knowledge. Analysing the impact of Indian copyright law on fair use in academic and critical writing. Evaluating the doctrine of fair use for Indian social media platforms in light of global cases.

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Blogging Intellectual Property Journalism Social Media 59

SpicyIP

JULY 29, 2021

Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. According to the AISHE Report 2019-20, 66.3%

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Copyright Reporting Fair Use Copyright Law 119

IP Tech Blog

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. , Koons , 467 F.3d

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Fair Use Cease and Desist Social Media Art 62

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. A Musical Parody ” and “ Friends!

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Music Derivative Work Fair Use Cease and Desist 112

TorrentFreak

MAY 8, 2023

While the prediction concerning key acquisition seems valid, in the unlikely event Nintendo addresses key ownership, licensing agreements would almost certainly tilt in favor of the gaming company. In practical terms, citing the DMCA’s anti-circumvention provisions is more than enough. 1201), and infringes copyrights owned by Nintendo.”

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Copying Copyright Licensing Fair Use 138

Patently-O

SEPTEMBER 1, 2023

Although the notice focuses on copyrightability, ownership questions will also come into play. In building the training model, we often have copying of works without license, and so the key inquiry under current law appears to be the extent that fair use applies to protect the AI system generators.

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Copyright Copying Derivative Work Licensing 94

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. Complaint at 31. Emphasis in original).

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Blogging Licensing Privacy Copyright Notice 132

SpicyIP

MAY 18, 2022

As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product. The E-commerce Rules notified under the Consumer Protection Act apply to ‘digital products’ but the term remains undefine.

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Non-Fungible Tokens Trademark Artwork Art 122

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 Fair Use Copyright Derivative Work 52

IIPRD

MARCH 5, 2025

Both artistic and technical information have been transforming lately about how to create in all industries. Now recent information has been disclosed that EUIPO turned down IP Protection of an AI-created music piece because it had no human input in the process of creating it.

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Copyright Intellectual Property Copyright Law Artwork 52

IP and Legal Filings

SEPTEMBER 29, 2021

Initially, the District Court adjudicated that Napster’s file-sharing service did not fall under the ambit of fair use. While it was acknowledged that Napster’s system was not created to check for copyright ownership or permissions of the digital assets, the infringing files were searchable by Napster.

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LexBlog IP

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. , Koons , 467 F.3d

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Fair Use Cease and Desist Social Media Art 52

IP and Legal Filings

NOVEMBER 11, 2022

Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use. Conclusion.

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Copyright Fair Use Registration Ownership 52

Kluwer Copyright Blog

JUNE 9, 2022

The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright. Depending on the technology employed, the information provided will play a critical role in the correct identification of the allegedly infringing material.

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Technology Marketing Marketing Copyright 96

Kluwer Copyright Blog

OCTOBER 17, 2023

Also, the technical feasibility needs to be confirmed as algorithms can be trained from an immense variety of sources and it might not always be easy to determine precisely which sources have been used. This would in turn affect the quality of the AI-produced outputs according to the old adage in information systems “garbage in, garbage out”.

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Copyright Art Copyright Law Licensing 125

SpicyIP

AUGUST 23, 2024

In the IP context, trolls are also seen as entities that misleadingly or falsely assert ownership of IP rights, with the intent of making money out of duping people. In the present case, these trolls using the name of these firms are misrepresenting themselves to gain profits out of it.

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43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

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Copyright Trademark Copying Fair Use 90

LexBlog IP

DECEMBER 6, 2021

Trade Secrets for Discrete Information. Non-disclosure Agreements (NDAs) for Ownership. Oracle Supreme Court Decision , where the Court determined that Google’s copying of 11,500 lines of Oracle’s Java SE code was indeed fair use of that material as a matter of law. Trade Secrets for Discrete Information.

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Intellectual Property Patent Application Invention Brands 52

Corsearch

FEBRUARY 15, 2024

However, bad actors can also create fake accounts with the intention of gaining sensitive data or login details, which is often done through creating fake support or customer care pages, where consumers are prompted to share personal information in order to get the support they require.

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Brands Branding Branding Social Media 59

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Said: ownership records; interview a few repeat players. Would it allow fair use?

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LexBlog IP

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. However, given the work was the first AI-generated art to win the Competition, the examiner was aware of the issue and requested more information. Therefore, they dismissed this argument.

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Art Copyright Registration Fair Use 52