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

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Ironically enough, if this case was filed in Bridgerton home territory, the UK, Barlow and Bear may attempt to use the defence of parody and pastiche.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use. Is Embedding a Display?

Social Media 140

Social Media Copyright Fair Use Licensing 140

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Plagiarism Today

AUGUST 17, 2021

This sends the case back to the district court where other defenses, most notably fair use, will have to be weighed next. 3: Microsoft is Looking to Use the Ethereum Blockchain to Prevent Piracy. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

IPilogue

OCTOBER 1, 2022

Back on February 7, 2021, award-winning professional photographer Jeffrey B. Fischer found triable issues on substantial similarity and fair use. Kat Von D did not request authorization or a license to reproduce the image. Sedlik (“Sedlik”) filed a complaint in the U. and High Voltage Tattoo, Inc. Background.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” A permissible derivative creation, or fair use, requires transformative changes made to the original.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

LexBlog IP

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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

Intepat

APRIL 23, 2021

Google petitioned the US Supreme Court to hear the case in the 2019 Term but was heard in April 2021 due to the Covid-19 Pandemic. Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. The addition of “education” was hardly an overhaul.

Copyright 52

Copyright Licensing Higher Education Fair Use 52

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers.

Copyright 131

Copyright Copying Fair Use Editing 131

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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.” (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 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

.” Perhaps the plaintiffs were concerned that Instagram has insufficient “volition” for the copies made by its servers; or perhaps Instagram can claim the 512 safe harbor for any embedded user-uploaded files (but the 512 safe harbor also applies to contributory infringement, so this theory isn’t very plausible).

Copyright 116

Copyright Copyright Infringement Social Media Licensing 116

Plagiarism Today

JULY 8, 2021

The most vocal critics were in the open-source programming community , who were upset that GitHub trained their AI on significant amounts of open-source code and can even reproduce that code verbatim in some circumstances, but does not follow the respective open-source licenses. 1/ [link] — Jake Williams (@MalwareJake) July 3, 2021.

Copyright 201

Copyright Fair Use Copyright Infringement Copying 201

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 112

Registration Fair Use Copyright Designs 112

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Copyright Lately

AUGUST 2, 2022

Produced by Shonda Rhimes’ Shondaland and based on the novels by Julia Quinn, Bridgerton was seen by a then-record 82 million households when the first season premiered on Netflix in early 2021. Fast forward to September 2021 when “The Unofficial Bridgerton Musical” became the top album on iTunes’ U.S.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Copyright Lately

AUGUST 2, 2021

The test is premised upon the technical difference between a website that displays a copy of an image hosted on the site’s own server and a site that uses HTML instructions to direct a user’s browser to another server that stores the image. July 30, 2021 Order Denying Sinclair’s Motion to Dismiss.

Copying 98

Copying Copyright Technology Licensing 98

LexBlog IP

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

MAY 26, 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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Patently-O

APRIL 6, 2023

1183 (2021). In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place.

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58

SpicyIP

JULY 5, 2021

Lokesh is a graduate from School of Law, Nirma University and an incoming LLM Candidate and InfoJustice Fellow at American University Washington College of Law, and has previously written posts for us here and here. Degrees) Regulations, 2016 which mandates the submission of an electronic copy of the Ph. Fair Use and Public Interest.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

SpicyIP

JULY 22, 2023

The report focuses on strengthening the AI system through predictability, trust, fairness and transparency, and does not really make an elaborate mention of IP issues in this regard. In 2021, the GPAI experts launched GPAI IP Primer v1 , which was followed by the IP Primer v2 in 2022.

IP 98

IP Intellectual Property Reporting Government 98

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. To what extent are copyrighted works licensed from copyright owners for use as training materials? To your knowledge, what licensing models are currently being offered and used? 529 F.Supp.3d

Copyright 98

Copyright Fair Use Licensing Copying 98

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? 1:22-cv-00384, US District Court for the Southern District of New York. Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Hermes Int’l et al. Rothschild , Case No. Dash , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

The IPKat

OCTOBER 18, 2021

The FEC approved bill was eventually sent to the Senate in May 2021. To this end, and since the executive Bill has also passed the second reading , the Senate organised a joint public hearing on both Bills on 12 October 2021 through its committees on Trade and Investment, and Judiciary, Human Rights and Legal Matters.

Copyright 79

Copyright Copyright Law Licensing Government 79

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. Implications.

Licensing 89

Licensing Copyright Contracts Advertising 89

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only. .”

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Plagiarism Today

OCTOBER 19, 2022

github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license. According to Davis, he used the prompt “sparse matrix transpose, cs_” only to have Copilot produce code very similar to his earlier, open-source work. My code on left, github on right.

Licensing 221

Licensing Copying Fair Use Litigation 221

Technology & Marketing Law Blog

MARCH 29, 2023

He explains : “ My use of facts was from a database that originally was partially under my copyright authorship and published online and viewable via the content taken down since 2021, and the database was then used with written permission to populate the one viewable from the content as it was when taken down.”

Blogging 95

Blogging Fair Use Copyright Copyright Notice 95

43(B)log

MAY 22, 2023

The basic undisputed allegation was that EIE, through a third-party vendor, used plaintiffs’ images without their permission in social media posts promoting its club. The second type of injury, lost licensing revenue, didn’t fall within the Lexmark zone of interests test. 59 Murray Enters., 3d 233 (2d Cir.

Social Media 49

Social Media False Advertising Advertising Advertising 49

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 137

Copyright Fair Use Copyright Law Law 137