Blog Derivative Work Fair Use Intellectual Property Law 
Intellectual Property Law Blog
APRIL 12, 2023
Scanning books to create a searchable database of books constitutes fair use. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? Scanning books to create eBooks does not. In Authors Guild v. Google, Inc., (the Google, Inc., (the
Intellectual Property Law Blog
JUNE 5, 2023
s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] 10] The more transformative a work is, the more likely it is to be considered fair use. 14] Justice Sotomayor noted that Campbell v.
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Kluwer Copyright Blog
MAY 9, 2022
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. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.
JIPEL Copyright Blog
MARCH 21, 2022
It is an open legal question whether this would constitute an infringing derivative work. It adds new sections to the opening menu of the original game, allowing players to access the added online features. It also modifies the game itself through its netplay and rollback functionality.
Kluwer Copyright Blog
AUGUST 7, 2023
Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.
Traverse Legal Blog
SEPTEMBER 12, 2023
The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. In the context of AI, this could range from the data you’re using to train your models to the output your AI generates.
Technology & Marketing Law Blog
AUGUST 1, 2023
Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copyrighted work publicly,” and “to display the copyrighted work publicly.”
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