article thumbnail

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Velocity of Content

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.

article thumbnail

UK Government axes plans to broaden existing text and data mining exception

The IPKat

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

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.

article thumbnail

AI and copyright in 2022

Kluwer Copyright Blog

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ).

Copyright 145
article thumbnail

Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

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.

article thumbnail

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Kluwer Copyright Blog

At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. Citing the U.S.

Copyright 105
article thumbnail

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

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.

Copyright 111