Technology & Marketing Law Blog
NOVEMBER 21, 2023
This short opinion squarely addresses when AI training models constitute derivative works. Simply indexing copyrighted books into the model doesn’t create derivative works (the judge calls the argument “nonsensical”) because the training model doesn’t recast or adapt the books. .”
Technology & Marketing Law Blog
OCTOBER 6, 2022
While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat.
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Copyright Lately
JANUARY 23, 2023
(If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) None of it includes copies of images. This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. You’d be wrong.
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. July 17, 2023).
IP Tech Blog
JUNE 2, 2023
The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use. Goldsmith et al, Case No.
LexBlog IP
FEBRUARY 20, 2024
Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.
IPilogue
NOVEMBER 8, 2021
Chegg works by hiring freelance workers to prepare step-by-step processes to answer the questions at the end of each chapter of Pearson textbooks. Nicole Haff , a litigation partner at Romano Law PLLC, states, “ answers to study guides and explanations to study guide questions are not protected as derivative works under the Copyright Act.”
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