LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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IIPRD

APRIL 8, 2024

With the development of latest technologies like the Creative Adversarial Network (“CAN”), many areas which were yet unexplored in the realm of Intellectual Property Rights have arisen. Creator’s will need to keep an eye out to monitor such generators in case work derived from theirs appears. 30, 2023) [6] Supra Note 5.

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LexBlog IP

FEBRUARY 15, 2024

The court rejected the conclusory assertion that every output of ChatGPT is an infringing derivative work, finding that plaintiffs had failed to allege “what the outputs entail or allege that any particular output is substantially similar – or similar at all – to [plaintiffs’] books.” 7, 2023). [3]

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The IPKat

NOVEMBER 15, 2023

This Kat was very happy to participate in the AI & Creativity: Protecting Creators in the Age of AI Panel which took place as part of the AI Fringe event on Friday, 3 November 2023 at the Knowledge Centre of the British Library, London. Mr Blackmore also raised the issue of copyright protection of AI created works.

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The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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LexBlog IP

JUNE 27, 2022

In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. It is likely Paramount will assert that Top Gun: Maverick is not based on the Story and therefore is not a derivative work and therefore cannot infringe the Story.

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LexBlog IP

JUNE 27, 2022

In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. It is likely Paramount will assert that Top Gun: Maverick is not based on the Story and therefore is not a derivative work and therefore cannot infringe the Story.

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Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. Please note that this is in no ways meant to be a comprehensive analysis of the lawsuits. Case 1- Doe 1 v. GitHub Inc.,

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LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The Court began by noting that “while it may be unlawful to recreate another’s work (e.g., OpenAI, Inc.

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LexBlog IP

DECEMBER 19, 2023

See Case C-145/10 – Painer , para 92: “[b]y making those various choices, the author of a portrait photograph can stamp the work created with his ‘personal touch’ ”; and Case C-683/17 – Cofemel , para. 18, 2023), available at Thaler v. of Columbia 2023 – Google Scholar. Perlmutter , No.

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LexBlog IP

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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LexBlog IP

JULY 7, 2023

. “Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] Many derivative works. 2023) (slip op.,

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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] 1] See Andy Warhol Found.

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Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. year over year to $2.71

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IP Intelligence

JUNE 7, 2023

1258, (2023). A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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LexBlog IP

OCTOBER 25, 2023

The question then arises as to whether the fiction writer alone owns the copyright to work drawn in whole or part from another’s writings or experience. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

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LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. Otherwise, the majority said, “‘transformative use’ would swallow the copyright owner’s exclusive right to prepare derivative works.” for Visual Arts, Inc.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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LexBlog IP

JUNE 7, 2023

1258, (2023). A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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Patently-O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection.

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s Goldsmith , 598 U.S. _ (2023). [2] s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. 2] Slip op. 3] Slip op.

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IP Intelligence

JUNE 6, 2023

1258, (2023). A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Such pro­tection includes the right to prepare derivative works that transform the original.” One may argue that the dissent treats the copyright holder’s right to make derivative works too narrowly. Goldsmith et al. ,

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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.

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Kluwer Copyright Blog

JUNE 7, 2023

Described as “an intellectual property pioneer and modern legal historian” , his untimely death in January 2022 was a blow for the academic community. Ginsburg’s lecture took place on 3 May 2023. 2:22-cv-800-BJR, 2023 WL 1068513, at *5 n.9 Professor Lionel Bently of the University of Cambridge acted as a commentator.

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LexBlog IP

MAY 18, 2023

Today (May 18, 2023) the United States Supreme Court rejected AWF’s fair use defense, finding in Goldsmith’s favor. The Court clarifies a common misunderstanding: calling a work “transformative” does not make it so. Litigation ensued, in which AWF advanced fair use as its defense.

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Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S. It will focus on the s.10(3)

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LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s Goldsmith , 598 U.S. _ (2023). [2] ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. 2] Slip op.

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LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s Goldsmith , 598 U.S. _ (2023). [2] ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. 2] Slip op.

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SpicyIP

NOVEMBER 16, 2023

She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. years after the initial injunction, the SB proceeded to vacate this interim injunction on October 17 2023 , and also undertook a detailed discussion on the question of copyrightability of GUIs. Tejaswini is a 3rd-year B.A.

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LexBlog IP

JUNE 7, 2023

In January 2023, the same lawyers who brought the class action suit against Copilot on behalf of the Doe plaintiffs filed a complaint in the Northern District of California ( Andersen v. Getty Images filed a similar lawsuit in January 2023 in the UK High Court and in February 2023 in the District of Delaware ( Getty Images (US), Inc.

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LexBlog IP

OCTOBER 26, 2023

Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement by OpenAI—and arguing that “substantial similarity” is irrelevant because OpenAI copied their works wholesale, without permission, in order to make ChatGPT work.

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The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” Zillow Group, Inc.,

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IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Hailshree Saksena, Doctrine of sweat of the brow SSRN (2009), [link] (last visited Apr 14, 2023). [1] It was written with a distinct style and message. 1] [1916] 2 Ch 601. [2]

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LexBlog IP

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. ” The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to. Zillow Group, Inc., the Copyright Act is a mixed question of law and fact.”

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LexBlog IP

AUGUST 23, 2023

.” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., Google] , 804 F.3d

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TorrentFreak

OCTOBER 10, 2023

Artificial intelligence also makes an appearance in the RIAA’s latest overview of foreign sites and services that present copyright and other intellectual property challenges. The RIAA believes that ripping YouTube tracks is a violation of the DMCA and using a voice model to create a derivative work is problematic too.

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