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Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. There seems to have always been tension between artistic creativity and copyright law.

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Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. Vicarious Copyright Infringement (17 U.S.C. §

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Remixing and Remastering Music in US Copyright Law: Some Reflections after Arty v Marshmello

Kluwer Copyright Blog

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). CBS ( Case No.

Music 98
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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

In 2019, West was also hit with a lawsuit for unauthorized use of a sound recording on his Grammy-nominated song, “Ultralight Beam.” To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder.

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Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

SpicyIP

He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.” Cut to almost 4 decades later, in 2012, the copyright laws in India were amended. The European system views every creative work inalienably as an extension of author’s personality.

Music 59