Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

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Copyright Art Copyright Law Licensing 118

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Recognize the subtleties of fair use. If you can’t get permission, you can still freely use original work for non-commercial purposes if you are aware of your rights under fair use. Before using someone else’s creation, consider how your actions will affect its market worth.

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Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

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Blogging Copyright Contracts Cease and Desist 81

Velocity of Content

AUGUST 13, 2024

In a 2016 report, Marci Goldberg of K-12 Market Advisors reported that “teachers spend an average of five hours per week creating materials and seven hours per week searching for materials.” Exceptions include materials in the public domain such as documents and materials the U.S. I am not alone.

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Copyright Public Domain Fair Use Licensing 52

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. Significant amounts of content are also available through the public domain. To what extent are copyrighted works licensed from copyright owners for use as training materials? 529 F.Supp.3d

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Copyright Fair Use Licensing Copying 98

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. IA’s Open Library project includes millions of public domain books that users can download and read without restriction. It also includes 3.6

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Fair Use Copying Publishing Copyright 72

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

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Fair Use Copyright Derivative Work Marketing 52

Kluwer Copyright Blog

APRIL 25, 2024

Only one witness is quoted as having argued that such uses should be licensed by collective societies. Instead, two years later, the Canadian Government launched a public consultation that specifically sought input on the matter of copyright and AI. data —reside).

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Copyright Government Copyright Law Reporting 64

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. public domain.

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Copyright Editing Settlement Music 64

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

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Fair Use Trademark Copyright Editing 52

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Why not have it across all consumer markets?

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Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

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Copyright Blogging Publishing Fair Use 121

43(B)log

FEBRUARY 24, 2023

Be willing to let go of shorthands: LOC is probably not a useful concept for what TM is actually doing now; so too with distinctiveness and source identification in a world of licensing and outsourcing and merchandising. Courts get outpaced by market. But the test doesn’t say 1A every time; you just use the test.

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Trademark False Advertising Fair Use Branding 69

43(B)log

AUGUST 8, 2024

Prince finds fairness in many images when Prince didn’t care about other artists; Graham v. Prince rejects fair use when his stated intent was to have fun. Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. Disdain as paradigmatic fair use.

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IP Fair Use Privacy Licensing 59