Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 105

Fair Use Licensing Art Music 105

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D did not request authorization or a license to reproduce the image. To freehand ink the tattoo, Kat Von D created a stencil by using a light box to trace the Davis photograph. Background. The outcome of this case may alter the tattoo industry.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 135

Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

The IPKat

NOVEMBER 22, 2023

A Large Language Model (LLM) is an artificial intelligence (AI) algorithm that uses deep learning and large data sets to analyse, summarize, generate, and predict content. They are trained on large volumes of data in multiple steps including copyright protected works used with or without the permission of the creator or appropriate licenses.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

Velocity of Content

JANUARY 25, 2024

For example, UK law explicitly does not permit text and data mining of copyright materials for commercial purposes without a license, while Singapore law does (where those have been lawfully accessed). Offshoring: Practical or Theoretical? The post Is AI’s Copyright World Flat, or Will AI Flatten the Copyright World?

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

Velocity of Content

SEPTEMBER 9, 2021

Regarding licensing, qualified YouTubers have the option of offering their works for monetization (essentially, ads running against views of their material) or for licensed reuse under a suitable Creative Commons (or other ) license. For the more easy-going as to rights, there is always the Creative Commons licensing option.

Copyright 113

Copyright Social Media Licensing Publishing 113

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

Trademark 115

Trademark Contracts Blogging Fair Use 115

Kluwer Copyright Blog

JUNE 26, 2024

courts indicate, one of the crucial issues is whether online content and information, often behind paywalls or otherwise protected by IP, can be used to train large language models (LLMs) and whether AI companies can rely on the fair use doctrine. As dozens of copyright lawsuits filed in U.S.

Copyright 105

Copyright Content Creation Fair Use Technology 105

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

The IPKat

FEBRUARY 21, 2022

Music Copyright Infringement: Global Perspectives, UIC John Marshall Law School Center for Intellectual Property, Information & Privacy Law, 18 March 2022 UIC John Marshall Law School Center for Intellectual Property, Information & Privacy Law will organise a conference focused on how courts adjudicate music copyright infringement disputes (..)

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 40

Fair Use Licensing Art Music 40

Kluwer Copyright Blog

JUNE 2, 2024

In its second paragraph the statement makes strong allusions to copyright law – the term ‘copyright’ is used only once throughout the entire text. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Contracts 84

Contracts Copyright Publishing Business 84

Kluwer Copyright Blog

MAY 15, 2024

The authors and copyright holders would like to receive a fair and equitable remuneration, while the AI-service providers would like to have access to high-quality data, such as copyrighted works, so that they can further improve their LLMs and promote the progress of innovation. This requires institutional reform and a paradigm shift.

Copyright 59

Copyright Fair Use Copyright Law Editing 59

JIPEL Copyright Blog

MARCH 9, 2022

prevent intentional modification of their work and attribution to the modified work) claims by claiming fair use under § 107 of the Copyright Act of 1976, which permits fair use of a protected work for purposes such as criticism, comment, teaching, scholarship, or research.

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

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.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Kluwer Copyright Blog

APRIL 25, 2024

Only one witness is quoted as having argued that such uses should be licensed by collective societies. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. Act II The Committee’s recommendation to add an exception for “informational analysis” was not acted upon.

Copyright 75

Copyright Government Copyright Law Reporting 75

43(B)log

FEBRUARY 22, 2021

Drawn from a variety of legal sources—int’l (not in this paper’s scope), constitutional, statutory, private ordering/open licenses. Persuade courts to keep larger whole in view when interpreting and applying these doctrines; reform doctrines that have been interpreted too narrowly like experimental use in patent.

IP 40

IP Fair Use Copying Intellectual Property 40

LexBlog IP

NOVEMBER 17, 2021

3 Unless you have some legal excuse or defense, such as, fair use. It licensed its operating system to its customers only. Peak wasn’t a customer, so it wasn’t entitled to “use” the operating system. You might just be licensing it. But let’s just not right now, ok? ↑ 6.

Copying 52

Copying Copyright Business Licensing 52

43(B)log

FEBRUARY 24, 2023

Discussants: Dev Gangjee: If even what counts as an indication of source has changed so much, must wonder where TM is going b/c of franchises, contractual arrangements and licensing—the whole guarantee of quality story just doesn’t make sense any more. Assignment in gross seems anachronistic given the development of licensing.

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Technology & Marketing Law Blog

AUGUST 29, 2022

Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. . __ (forthcoming 2022).

Editing 98

Editing Social Media Blogging Advertising 98

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Copyright Lately

MAY 21, 2021

In 2019, Dolezal, then represented by notorious copyright troll Richard Liebowitz, filed a lawsuit against the publisher of Paper Magazine for using a photo from her Instagram account in a story. CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

43(B)log

AUGUST 4, 2023

You see ratesetting and other key license provisions. Super-narrow © license. Consent decree frameworks; statutory licenses; antitrust law reform against tacit collusion; MFN clause ban. A: for webcasting, there’s a statutory license with some protections built in though they also limit innovation. Incentives to defect?

Copyright 52

Copyright Fair Use Marketing Marketing 52

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.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 40

Social Media Fair Use Advertising Advertising 40

SpicyIP

NOVEMBER 20, 2024

Please note that in some cases this may limit the ability of our Services to better address your specific use case.” This form, as of today, leads to a page that states: “ As of October 25, 2023, we’ve migrated this form to our privacy request portal. Please visit privacy.openai.com to submit your user content opt out request.”

Fair Use 104

Fair Use Marketing Marketing Copyright 104

The IPKat

DECEMBER 20, 2024

Indeed, there are broader debates on regulating AI training data involving privacy and data protection , biases in data which can potentially give rise to discrimination/discriminatory outcomes, the working conditions of the human input needed to train AI and the environmental costs of AI in terms of energy and other natural resources.

Copyright 64

Copyright Government Copyright Law Art 64

Kluwer Copyright Blog

JANUARY 21, 2025

Is Generative AI Fair Use of Copyright Works? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? This initiative resulted in some pending privacy disputes, which polarized the debate. Here is a quick look back at our 10 most-read posts last year: 1.

Blogging 52

Blogging Copyright Copyright Infringement Copyright Law 52

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). Does a link to a privacy policy provide effective notice? Also, materiality: this is a way to consider materiality in the rubric of uncertainty.

Trademark 72

Trademark Marketing Marketing Advertising 72

Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) Moody, amicus brief in support of the petition for certiorari , November 2022 Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, California Privacy Protection Agency, August 2022 NetChoice LLC v.

Law 122

Law Social Media Government Privacy 122

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.

IP 59

IP Fair Use Privacy Licensing 59