The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.

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Government Related Rights Copyright Law 141

The IPKat

FEBRUARY 21, 2024

Depending on what the CJEU has to say about 'due cause', it may even be worth considering whether 'due cause' could become akin to an opening clause in the trade mark system, which could serve to construe relevant defences (similar to, e.g., 'fair dealing’ under UK copyright law) and potentially even exceed them (like some sort of ‘fair use’).

Art 62

Art Copyright Law Fair Use Intellectual Property 62

The IPKat

JULY 15, 2023

It is an event that will be held online, on September 20 to September 21, 2023. International Copyright Issues and Artificial Intelligence is a webinar organized by the U.S. Copyright Office on July 26, 2023 , as part of an initiative to examine copyright law and policy issues raised by AI technology.

Cinema 52

Cinema Intellectual Property Intellectual Property Law IP 52

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. 1258, (2023).

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Fair Use Licensing Music Art 40

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No.

Copyright 123

Copyright Art Copyright Law Licensing 123

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Fair Use Registration 145

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. First of all, in terms of copyright, to reiterate our very clearly articulated position. copyright law really doesn’t seem to give UMG a ton of options. year over year to $2.71

Music 85

Music Copyright Copying Copyright Law 85

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. 21-869 (May 18, 2023). Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 97

Fair Use Derivative Work Blogging Licensing 97

LexBlog IP

FEBRUARY 11, 2024

I would read an article or book passage, take notes, write what I’d learned in my own words and voila my homework, research, or report was complete. from 2023 to 2030, AI is poised to revolutionize diverse sectors, showcasing its potential to drive unparalleled innovation and efficiency.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

The IPKat

OCTOBER 3, 2022

October 26, 2022 | Bird & Bird | "Webinar: The DSM Directive one year on (part II) Article 15: A power shift back to the publishers?" | online Article 15 of Directive 2019/790 builds on and follows a number of national initiatives aimed at remedying declining revenues in the press sector.

Registration 62

Registration Intellectual Property IP Copyright 62

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 84

Blogging Copyright Contracts Cease and Desist 84

IP and Legal Filings

JANUARY 13, 2023

In this sense, a coherent theory of the use of de minimis will go a long way in efficient disposal of such cases. DE MINIMIS IN COPYRIGHT LAW. De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

SpicyIP

JANUARY 20, 2024

Before I dish out details, it needs to be highlighted that while IP research and teaching might have been lacking before the 2000s, the “scholarly” spirit in this field has been present nonetheless as evident from several judgments, articles (though very limited), parliamentary discussions, and reports like the Justice N.

Government 112

Government IP Intellectual Property Reporting 112

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

MAY 9, 2023

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.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023). The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160. 3d at 1168.) 3d at 593. That is the volitional conduct that satisfies direct liability.

Blogging 97

Blogging Copying Social Media Copyright 97

SpicyIP

JULY 22, 2023

National Internet Exchange India , where the court suggested using AI to prevent registration of identical and deceptively similar marks (page 6). The GPAI Summit 2023 is scheduled to be held in December in New Delhi.

IP 98

IP Intellectual Property Reporting Government 98

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

In addition to the Oscar contenders, the majority of 2023’s highest grossing films , from Across the Spider-Verse to The Super Mario Bros Movie , were based on preexisting IP and adapted for the big screen. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be?

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

The IPKat

SEPTEMBER 14, 2023

‘Parody’ not the same as ‘pastiche’ or ‘caricature’ Based on this part of the Opinion, one might think that no distinction would need to be drawn between the different concepts referred to in Article 5(3)(k) of the InfoSoc Directive. S Jacques, The Parody Exception in Copyright Law (OUP:2019), 11.

Copyright 91

Copyright Derivative Work Copyright Law Law 91

Kluwer Copyright Blog

JANUARY 16, 2024

The plaintiffs’ factual allegations in Kadrey v Meta and Chabon v Meta The first class action, Kadrey v Meta ( here ), was filed on 7 July 2023, in U.S. The second class action, Chabon v Meta, was filed on 12 September 2023 before the same court ( here ). District Court for the Northern District of California – San Francisco Division.

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Andy Warhol Foundation v. Acuff-Rose Music, Inc.,

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). This uncertainty can limit the data that is used by AI innovators to train the AI system.

Copyright 69

Copyright Government Copyright Law Reporting 69

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

AUGUST 6, 2023

To mark this milestone, we organized an event in London in June 2023 [Katreports here , here , here and here ] and Kats Hayleigh and Eleonora put together a collection of chapters authored by current and past IPKat Team Members, as well as some eminent Katfriends. The book, titled Developments and Directions in Intellectual Property Law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Blogging 52

Blogging Law IP Fair Use 52

Trading Secrets

NOVEMBER 2, 2023

Support for Patent Practitioners: It’s unclear whether the guidance under AI Inventorship or the Additional Guidance will address the use of AI in the patent application drafting process. Fair Use: The Executive Order encourages data sharing and research. How will copyright affect the commercial use of AI-generated content?

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

LexBlog IP

NOVEMBER 2, 2023

Support for Patent Practitioners: It’s unclear whether the guidance under AI Inventorship or the Additional Guidance will address the use of AI in the patent application drafting process. Fair Use: The Executive Order encourages data sharing and research. We have previously written about this issue here and here.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Support for Patent Practitioners: It’s unclear whether the guidance under AI Inventorship or the Additional Guidance will address the use of AI in the patent application drafting process. Fair Use: The Executive Order encourages data sharing and research. We have previously written about this issue here and here.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

JANUARY 27, 2024

Image from here 2023 has become yesteryear. We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc.

IP 64

IP Licensing Copyright Blogging 64

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 124

Copyright Blogging Publishing Fair Use 124

LexBlog IP

JANUARY 10, 2024

On December 6, 2023, Bob Woodward and other defendants moved to dismiss claims brought against them by former President Donald J. Before the second amendment, President Trump received a copyright registration covering the work, despite an early registration being recorded in Woodward’s favor. What did those papers say?

Ownership 52

Ownership Copyright Government Intellectual Property 52