Fair Use Marketing Related Rights 
Velocity of Content
JANUARY 7, 2025
This is potentially costly both to AI companies, which may end up paying large statutory and compensatory damages in multiple jurisdictions, and to authors and other rights holders whose livelihoods are directly affected by LLMs. Nevertheless, some uses of LLMs and their training may be found to be fair use.
Kluwer Copyright Blog
FEBRUARY 2, 2023
There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.
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Kluwer Copyright Blog
NOVEMBER 23, 2023
Most of the public discussion about the legal status of using copyrighted works to train generative AI systems has focused on an increasing number of lawsuits challenging current practice under the U.S. copyright system and whether the use of copyrighted works to train generative AI systems constitutes fair use.
Technology & Marketing Law Blog
JANUARY 3, 2023
31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.
Kluwer Copyright Blog
MAY 1, 2023
A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). The licenses may cover all the same uses covered by the limitation.
Kluwer Copyright Blog
JANUARY 9, 2023
Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy 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.
Kluwer Copyright Blog
DECEMBER 14, 2022
By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes. Citing the U.S.
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