article thumbnail

Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

De Fontbrune held the position that the estate did not have the power to approve such use. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

Fair Use 105
article thumbnail

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

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.

Fair Use 137
Insiders

Sign Up for our Newsletter

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

article thumbnail

Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Jason Segel and the Muppets on SNL (2011). The Supreme Court’s seminal fair use decision, Campbell v.

article thumbnail

Publishers: Internet Archive’s Sales Data Demand is “Burdensome and Irrelevant”

TorrentFreak

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

article thumbnail

Internet Archive Wants Publishers’ Sales Data to Show Digital Library Doesn’t Hurt Sales

TorrentFreak

. “Without any license or any payment to authors or publishers, IA scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites.” Internet Archive Responds – Fair Use is Not Piracy.

article thumbnail

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

The IPKat

This said, different contractual conditions and policies were found leading to uncertainty and, as a result, giving rise to transaction costs. In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead.

article thumbnail

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.