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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

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. However, the U.S.

Fair Use 138
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Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"

The IPKat

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. The costs of preventing the harm are grandiose when compared to the actual harm that use of copyrighted material in memes causes.

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Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout.

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 2: Will the DSA Achieve a “Brussels Effect”?

43(B)log

This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.

Art 45
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Nigeria amends its Copyright Act to ratify outstanding copyright treaties and address other issues

The IPKat

The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works. Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act).

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SpicyIP Weekly Review (July 5-11)

SpicyIP

Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights. Other Posts.