The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

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Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement.

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McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. But if purchasing a creative work does not give you rights to reproduce it, what does?

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Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images. You’d be wrong.

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LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

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Plagiarism Today

JANUARY 3, 2022

The lawsuit claimed that the site was offering illegal downloads of their books and specifically targeted two Ukrainian nationals as the operators. Finally today, The Associated Press reports that, with the new year, several prominent works are lapsing into the public domain including the Ernest Hemingway novel The Sun Also Rises and A.A.

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LexBlog IP

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. In that case, Google did not output new books, but rather just snippets of the book as part of the search results. The court distinguished the Google Books case and Authors Guild, Inc.

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LexBlog IP

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

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Derivative Work Copying Copyright Infringement Copyright 52

Plagiarism Today

SEPTEMBER 28, 2022

Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced. These days, comic artists and comic fans do not tolerate this kind of copying. It happened in 1939.

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IPilogue

NOVEMBER 8, 2021

However, I recall certain books had the answers in them. Although answers, the textbook usually gave one- or two-worded answers to those dreadful questions that ended with “explain your answer” or “show all your work.” Homework and studying for school have come a long way over the years. The complaint, made under title 17 of the U.S.

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Copyright Infringement Derivative Work Copyright Copying 106

Traverse Legal Blog

JANUARY 26, 2022

The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. nThe book and the copyright ownership are two distinct things. See article below).

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3.

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Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. is being used as code.

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43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Fair use and first sale: in tension?

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TorrentFreak

SEPTEMBER 28, 2023

They accuse OpenAI of using books as training data, without permission, relying on datasets that were sourced from pirate sites. In addition to using copyrighted works for training data, the LLM models themselves are also infringing derivative works, and the same applies to the output of the models.

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Fair Use Copyright Copyright Infringement Derivative Work 99

LexBlog IP

SEPTEMBER 21, 2023

According to OpenAI, Silverman’s attempt to convince the court that every ChatGPT output represents a derivative work, “regardless of whether there are any similarities between the output and the training works” is an “erroneous legal conclusion.”

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Copyright Infringement Copyright Fair Use Derivative Work 52

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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LexBlog IP

SEPTEMBER 28, 2023

’” Although it did not develop the argument, OpenAI stated briefly that creating copies of a work in order “to develop a new, non-infringing product” would be protected as fair use. Because they alleged direct copying of their works by OpenAI, the substantial similarity test is irrelevant, they contended.

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The IPKat

SEPTEMBER 24, 2023

In my opinion, there has never been any talk of such works, because that would be the same as talking about non-distinctive trademarks. 340 (1991) , Case C-5/08, Infopaq (2009) , Eastern Book v. So, there is no literal and non-literal copying of a work. Rural, 499 U.S. Modak (2008) 1 SCC 1 ). This is pure fiction.

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Copyright Derivative Work Music Copying 138

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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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.”

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The IP Law Blog

MAY 5, 2022

According to reports, he included strict exam instructions, including “forbidding students from using any class materials, notes or online resources while taking the tests,” and instructing the students they were “prohibited from copying any part of the exam.”. Some have made the exams open book, hoping to reduce the “need” for cheating.

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Copyright Law Copyright Law Copyright Infringement 98

Likelihood of Confusion

MAY 18, 2022

When copying 20,000,000 books without permission is not copyright infringement Jim Bouton’s last pitch to Google wasn’t Ball Four, at least according to the umps of the Second Circuit. The post Guest Post: Fair Use or Foul Ball? appeared first on LIKELIHOOD OF CONFUSION™.

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IPilogue

DECEMBER 20, 2021

Members of fandoms often participate in various creative activities inspired by their source material, including dressing up as the characters, writing stories based in the fictional universe, and making drawings about the original work. Unfortunately, laws around fanfiction and fanart are not clear.

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Copyright Television Copyright Infringement Derivative Work 122

43(B)log

APRIL 7, 2021

Oracle thoughts: The majority clearly says that, as with other categories of protected works, distinctions can be made within the categories, drawing lines “among” computer programs, books, and films. Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do.

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Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

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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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The IPKat

JANUARY 23, 2023

The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system. Unlike adapting a book, story or comics to film, a silent movie requires transforming the verbal into the visual.

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LexBlog IP

MAY 5, 2022

According to reports, he included strict exam instructions, including “forbidding students from using any class materials, notes or online resources while taking the tests,” and instructing the students they were “prohibited from copying any part of the exam.” This lawsuit was dismissed one month after it was filed.

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Copyright Law Copyright Law Copyright Infringement 52

JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

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Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” Fan sites prompted by a book or film, for example, may benefit the copyright owner. Petrella v. 1962, 1976 (2014).

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Kluwer Copyright Blog

JANUARY 16, 2024

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

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More Than Your Mark

AUGUST 27, 2021

Copyrights protect creative works. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright. Here’s an easy guide to understanding the differences between copyright, patent, and trademark.

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SpicyIP

DECEMBER 17, 2023

One, a work would usually not be taken notice of as an important work meriting translation until around 10 years after its publication. If the term is fixed at 10 years, it would be translators who would benefit from the peak popularity of the book. Amendment no. We could not find the exact text of the amendment.

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LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12] Prince , 714 F.3d

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Kluwer Copyright Blog

AUGUST 13, 2023

It is based on “ large language models ” (so called LLM ), which is “ trained by copying massive amounts of text ” (so called training dataset ) “ and extracting expressive information from it ” (see § I.2). The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published.

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Copyright Derivative Work Copying Copyright Infringement 98

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.

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