JD Supra Law

FEBRUARY 14, 2025

that the defendants unauthorized use of the plaintiffs copyrighted materials to train its legal research AI tool was not fair use. This ruling is the first reported case to address whether the use of copyrighted training data for AI training constitutes fair use. ROSS Intelligence Inc.

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Copyright Lately

FEBRUARY 17, 2025

Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. Those were some of the phrases legal commentators used to describe Andy Warhol Foundation for the Visual Arts v. Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision.

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IP and Legal Filings

DECEMBER 23, 2024

Fair Use is one of the principles being mooted in defense of OpenAI to argue that the latters Use of the formers copyrighted content fits within Fair Use thresholds and is, thereby, justifiable. 2015), also known as the Google Books Case. [2]

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JD Supra Law

FEBRUARY 12, 2025

In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligences (ROSS), fair use and other defenses by vacating its previous stance and granting summary judgement in favor of plaintiff, Thomson Reuters (Reuters).

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JD Supra Law

FEBRUARY 17, 2025

Fair use a critical defense in copyright law that allows limited use of copyrighted material without permission has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation.

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TorrentFreak

JULY 27, 2024

The annual list of ‘ notorious markets ,’ for example, is a well-known diplomatic mechanism to encourage other countries to up their enforcement actions and improve laws. There are also grave concerns that proposed “fair use” exceptions, which are partly modeled after U.S.

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The Illusion of More

JULY 11, 2024

In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.

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JD Supra Law

FEBRUARY 13, 2025

The first 24 hours of punditry on Judge Stephanos Bibass summary judgment of no fair use in Thomson Reuters v. has largely oscillated between predictions that the decision destroys fair use defenses in the pending generative AI copyright litigations, or that the decision is entirely irrelevant to those cases.

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JD Supra Law

FEBRUARY 13, 2025

1:20-cv-613, potentially shaping how future courts will analyze transformative use and intermediate copying of copyrighted works used to train artificial intelligence models. On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. copyright law. However, the U.S.

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JD Supra Law

FEBRUARY 17, 2025

In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge Bilas, the District of Delaware judge in Thomson Reuters Enterprise Centre GMBH and West Publishing Corp. Ross Intelligence Inc.,

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JD Supra Law

FEBRUARY 28, 2025

a first-of-its-kind decision addressing whether fair use is. Its not common for a federal judge to make such an admission, but that is exactly what Judge Bibas of the United States District Court for the District of Delaware did in his recent opinion in Thomson Reuters Enterprise Centre GMBH v. Ross Intelligence Inc.,

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TorrentFreak

JUNE 22, 2022

Soon after and in mysterious circumstances, copyright law entered the equation. Twitter later fulfilled its obligations under copyright law by removing them but Bayside was only just getting started. Since the speech attached to the photographs constituted fair use, there was no infringer to identify.

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Likelihood of Confusion

DECEMBER 27, 2024

Walter Olson rounds it up: Ralph Lauren lawyers: dont you dare reproduce our skinny-model photo in the course of criticizing our use of skinny models [BoingBoing] With photoshop, evidently, quite a bit! Here’s an excerpt from […] The post The skinny on fair use appeared first on LIKELIHOOD OF CONFUSION.

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TorrentFreak

MARCH 19, 2022

After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. The nonprofit group has now stepped in to defend not only fair use but McFree’s right to remain anonymous.

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TorrentFreak

SEPTEMBER 2, 2024

The law says that this can only take place off-site, with teachers and authorities’ involvement limited to releasing children into the hands of third-party organizations for instruction elsewhere. “Copyright law is not a tool to punish or silence critics.

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IP Law 360

AUGUST 19, 2024

A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.

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Creative Law Center

FEBRUARY 16, 2025

A federal court has ruled that using copyrighted material to train AI models does not qualify as fair use. The post Court Rejects Fair Use for AI Training appeared first on Creative Law Center. But the story is not over.

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TorrentFreak

SEPTEMBER 28, 2023

Among its arguments to dismiss the claims, the AI company cited fair use. It argued that the use of large amounts of copyrighted texts could be seen as ‘fair’ because it helps to facilitate progress and innovation. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law. .

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The Illusion of More

JUNE 8, 2023

Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious).

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SpicyIP

MARCH 29, 2025

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.

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SpicyIP

NOVEMBER 7, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Text and Data Mining under §44b of the German Copyright Act (“the Act”) §44b acknowledges TDM as a limitation on an author’s copyright, thereby constituting use permitted by law. LAION logo.

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Copyright Alliance

NOVEMBER 30, 2023

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

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IP Watchdog

FEBRUARY 1, 2024

As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works.

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Traverse Legal Blog

NOVEMBER 25, 2024

2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material.

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IP and Legal Filings

JANUARY 2, 2025

Copyright law is in charge of controlling how literary, artistic, and theatrical works, among others, are used. The law of copyright regulates the activities of copying and disseminating the words of someone who has copyright over something online without that person’s consent. Super Cassettes Industries Ltd.

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Plagiarism Today

FEBRUARY 15, 2024

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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JD Supra Law

SEPTEMBER 25, 2024

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210, in the Southern District of New York.

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JD Supra Law

MAY 13, 2024

The case, filed in January in New York federal court by photographer Allen Kee, claims that the defendants violated his copyright by using his photo of Sanders in action during a 1995 game as the model for the pose in the statue. The case explores the intersection of the “fair use” doctrine for both sculptors.

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IP Law 360

FEBRUARY 28, 2025

ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law (..)

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TorrentFreak

OCTOBER 31, 2024

In Japan, where the concept of fair use isn’t recognized, there’s arguably less cause for confusion. On October 29, officers from Miyagi Prefectural Police Headquarters and Tome Police Station arrested three men on suspicion of violating copyright law.

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IP Law 360

OCTOBER 22, 2024

Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.

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TorrentFreak

MARCH 25, 2025

Meta admitted the use of these unofficial sources early on. At the same time, however, the company denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. The authors said that the downloading of millions of books cannot be classified as fair use.

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Intellectual Property Law Blog

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] 10] The more transformative a work is, the more likely it is to be considered fair use. 14] Justice Sotomayor noted that Campbell v.

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Plagiarism Today

SEPTEMBER 23, 2021

Copyright law was never meant to work this way. It is a law that was designed to let humans govern how other humans use content. Copyright law was written, quite deliberately, to allow for a lot of nuance and judgment. It was a law meant to be parsed by humans and bots, as amazing as they are at times, are not human.

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The IPKat

APRIL 6, 2025

Copyright Law by Angela Chung Do everything by hand, even when using the computer. Many lament the extractive nature of accessible art outputs, where AI companies train first and ask for forgiveness (fair use) later. Unfortunately, the law does not currently provide a means for us to address those ethical questions.

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Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. Both aspects can have significant implications for fair use. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. Klein and Equals Three v.

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