Remove 2023 Remove Article Remove Fair Use Remove Public Domain
article thumbnail

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

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.

article thumbnail

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Kluwer Copyright Blog

District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.

Copyright 122
Insiders

Sign Up for our Newsletter

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

Trending Sources

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.

article thumbnail

The United States Copyright Office Notice of Inquiry on AI: A Quick Take

Velocity of Content

Significant amounts of content are also available through the public domain. According to this report , open models accounted for 31% of articles, reviews and conference papers in 2021. Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use?

article thumbnail

The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

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).

article thumbnail

Canada’s Changing AI-Copyright Policy Discourse: A Play in Three Parts?

Kluwer Copyright Blog

Nowhere in this so-called balance was any mention made of the public side of the copyright balance—the public’s interest in the creation and dissemination of works, for example, or users’ rights to make fair and lawful uses of protected works, or the importance of the public domain (in which facts and information—i.e.

article thumbnail

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

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? If the work was published without proper copyright notice, the work entered the public domain. District Court for the Northern District of Florida.

Copyright 123