IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

Fair Use 75

Fair Use Journalism Copyright Infringement Copying 75

LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

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Fair Use Derivative Work Art Licensing 97

IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court of Appeal unanimously held that the scope and content of the fair dealing defence should include works of criticism.

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Fair Use Copyright Law Copyright Intellectual Property 110

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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Fair Use Social Media Licensing Marketing 90

LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

Fair Use 40

Fair Use Copyright Licensing Copying 40

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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Fair Use Copyright Law Copyright Law 52

TorrentFreak

DECEMBER 31, 2021

Every year we write hundreds of articles here at TorrentFreak, and some are more popular than others. Despite the broad attention, the download numbers were relatively low for this low-quality leak that took place before the US theatrical premiere. All in all, it was quite a controversial year once again.

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Fair Use Reporting Copyright Copyright Infringement 130

IP Watchdog

APRIL 10, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. These arguments are deeply flawed and gloss over crucial technical and legal issues.

Licensing 125

Licensing Fair Use Copying Copyright 125

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars. Fair use; webinar recordings. The post Ownership, Licensing, and Fair Use of Copyright for Webinars appeared first on Biswajit Sarkar Blog.

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Fair Use Ownership Copyright Licensing 52

TorrentFreak

MAY 16, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. However, not all music industry insiders were happy with it, as the copying took place without obtaining permission from all rightsholders. — A copy of U.S.

Copyright 95

Copyright Cease and Desist Music Fair Use 95

TorrentFreak

FEBRUARY 27, 2024

In the ordinary course, one cannot use ChatGPT to serve up Times articles at will,” the motion to dismiss reads. In its complaint, the Times did show evidence that OpenAI’s GPT-4 model was able to supposedly generate several paragraphs that matched content from its articles. ‘NYT Paid Someone to Hack OpenAI’?

Fair Use 118

Fair Use Journalism Reporting Technology 118

TorrentFreak

MAY 1, 2024

Newspapers Sue OpenAI and Microsoft The New York Daily News, Chicago Tribune, Orlando Sentinel, Sun-Sentinel, Mercury News, Denver Post, Pioneer Press, and Orange County Register, claim that the AI companies used their publications to train and develop ChatGPT models without obtaining permission.

Copyright Infringement 98

Copyright Infringement Copyright Publishing Copying 98

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

TorrentFreak

MAY 1, 2024

Newspapers Sue OpenAI and Microsoft The New York Daily News, Chicago Tribune, Orlando Sentinel, Sun-Sentinel, Mercury News, Denver Post, Pioneer Press, and Orange County Register, claim that the AI companies used their publications to train and develop ChatGPT models without obtaining permission.

Copyright Infringement 86

Copyright Infringement Copyright Publishing Copying 86

Kluwer Copyright Blog

FEBRUARY 28, 2024

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.

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Fair Use Copyright Moral Rights Copyright Law 137

Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions.

Trademark 239

Trademark Copyright Cease and Desist Copying 239

TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. Instead of allowing libraries to own copies, they have to license them, which makes it impossible to add them to the permanent archive.

Copyright 118

Copyright Fair Use Publishing Marketing 118

TorrentFreak

MARCH 19, 2024

OpenAI/Microsoft Late last year The Times sued OpenAI and Microsoft , alleging that its generative AI models were trained on copyrighted news articles. The news publication also suggested that, when prompted the right way, ChatGPT could recite content from these articles. “Defendants’ generative AI models are nothing like VCRs.

Copyright Infringement 91

Copyright Infringement Television Copying Social Media 91

TorrentFreak

APRIL 7, 2024

While we would never vouch for the accuracy of any fingerprinting filter, WebKyte provided us with access to their platform, allowing us to upload files and check the accuracy. After uploading a copy of TPB-AFK to the system, near-instantly it found over 2,000 matches across the dozen platforms.

Copying 92

Copying Copyright Infringement Fair Use Social Media 92

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

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Fair Use Copyright Privacy Copying 89

Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement.

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Copyright Infringement Copyright Derivative Work Fair Use 235

Intepat

JANUARY 8, 2024

student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. From Three Defenses to One.

Copyright 202

Copyright Fair Use Licensing Copyright Infringement 202

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 105

Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

AUGUST 12, 2021

It embedded the video as part of an article talking about the “starving polar bear going viral.” This article was posted on the Sinclair website and the video was embedded in the article. Nicklen alleges that the article (and embedded video) was posted to the website of various local affiliates of Sinclair.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. Thus, it can be said that they have made complete and exact copies of everything they have ingested. Fair use loomed large among those rights. Republished with permission.

Fair Use 52

Fair Use Copying Licensing Copyright 52

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. In comparison, previous copyright infringement cases over tattoo art focus on an existing tattoo being reproduced in another work rather than the copying of a reference image. On May 31, 2022, Judge Dale S. Background. For example, in Alexander v.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

Plagiarism Today

APRIL 4, 2022

In some types of programming, especially when there’s only one correct way to do something, copying code isn’t just a shortcut, it’s the norm. Many lawyers also copy and paste heavily in the legal documents in a bid to meet the criteria there. The reason for this is simple: Plagiarism is governed by social norms.

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Plagiarism Social Media Contracts Copying 243

IP Watchdog

MARCH 5, 2023

Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

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Copyright Fair Use Copying Law 127

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. This is how her picture might look on some useful articles: Who doesn’t love a hula-hooping cat? 17 U.S.C. § 17 U.S.C. § Paging Section 113(c).

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

TorrentFreak

JUNE 30, 2023

The Washington Post previously reported that the “C4 data set,” which Google and Facebook used to train their AI models, included Z-Library and various other pirate sites. government as markets for piracy and counterfeits were present in the data set,” the article added.

Copyright Infringement 141

Copyright Infringement Fair Use Copyright Journalism 141

Velocity of Content

JANUARY 25, 2024

This article originally appeared in IPWatchdog and is re-published with permission. “Is Thus, some countries will have strict laws on making copies of copyrighted content to “train” an AI system while others will be more relaxed. Artificial Intelligence (AI) is global, and copyright laws are national.

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Copyright Copyright Law Copyright Infringement Government 98

IP and Legal Filings

FEBRUARY 15, 2023

Such work may include any literary or artistic work such as books, articles, films, databases, computer programs etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters. Kim cartoon and Ors. ,

Copyright Law 88

Copyright Law Copyright Law Social Media 88