Remove Fair Use Remove Intellectual Property Law Remove Licensing
article thumbnail

Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law!

SpicyIP

We are very happy to announce the results of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! It then explains why the existing fair use defense in the context of text and data mining is deeply problematic and should be replaced. Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.

article thumbnail

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

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] Goldsmith was not paid or credited for this use.

Fair Use 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

Kashishipr

Still, if keeping it as a trade secret is preferred, the entity owning the information can consider licensing its API while explicitly preventing it from reverse engineering or sharing the same with a third party by the inclusion of a separate clause. It was regarded as being fair and permissible by the court of law.

article thumbnail

Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Kluwer Copyright Blog

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 100
article thumbnail

Dispute on Copyright and Creativity

Biswajit Sarkar Copyright Blog

They argue that AI models trained on their catalog without permission amount to copyright infringement, much like streaming services before licensing agreements were established. Lawsuits have already been filed against AI developers, demanding transparency on data sources and compensation for artists whose works are used to train AI.

article thumbnail

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Velocity of Content

The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. While LLMs are a significant and new technology and may be capable of multiple non-infringing uses, not every use of them with copyrighted material is transformative.

article thumbnail

Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Internet Archive’s theory of fair use represents a threat just as grave.” IA offers no ‘utility-expanding’ searchable database to its subscribers.