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Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. Meta

Technology & Marketing Law Blog

This is another preliminary ruling in the copyright battle over generative AI. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. The post Facebook’s LLaMa Defeats Copyright Claims–Kadrey v.

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The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

The IP Law Blog

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Paramount has since filed a motion to dismiss the case. Listen to this podcast episode here.

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

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.) This allegation is factually flawed and legally suspect; it’s also overreaching in a way that could actually undermine the work of many artists who are members of the proposed class.

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low.

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The Training Wheels are Off: The Copyright Implications of Training Generative AI

LexBlog IP

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. That “data” typically includes other creators’ copyrighted material. What is a Derivative Work?

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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

IP Tech Blog

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way. At this point, this speculation seems a little premature.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”