SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. The matter is still being heard.

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Copyright Copyright Infringement Licensing Fair Use 126

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. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

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TorrentFreak

FEBRUARY 22, 2024

The same could apply to IA’s other projects, including the digitization of old books and records. The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use?

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Copying Licensing Fair Use Cease and Desist 105

TorrentFreak

DECEMBER 22, 2023

In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books. Staying true to the centuries-old library concept, IA patrons can also borrow books that are scanned and digitized in-house. This is a feature of copyright law, not a bug,” the brief reads.

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Copyright Fair Use Publishing Marketing 117

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

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Copyright Fair Use Copyright Law Copyright Notice 116

Plagiarism Today

AUGUST 2, 2021

District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue.

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Copyright Infringement Copyright Law Licensing Reporting 246

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. Once the loan period expires, the electronic book is “returned” to the library and becomes inaccessible to the person who checked it out.

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Fair Use Copying Publishing Copyright 71

The IPKat

JULY 3, 2021

The book is divided into two parts. Nevertheless, it is highly recommended not to skip Part I, in which Gervais provides a thorough analysis of the copyright system while identifying its structural flaws in light of the emerging new technologies, with a special focus on the online environment.

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Copyright Registration Fair Use Intellectual Property 97

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

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Fair Use Licensing Derivative Work Art 98

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

Look no further than this year’s top contenders for examples of this, including Oppenheimer , American Fiction , Killers of the Flower Moon , Poor Things (all based on books)—and, of course, Barbie. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be?

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Derivative Work Licensing Copyright Copyright Law 64

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

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Fair Use Licensing Music Art 105

Velocity of Content

OCTOBER 9, 2023

From Large Language Models (LLMs) to other research-based applications, AI technologies rely on millions of books, scholarly journals, and other curated publications. Responsibly using these works is a foundational part of the discussion. Click below to listen to the latest episode of the Velocity of Content podcast.

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Licensing Fair Use Journalism Copyright Law 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

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Litigation Fair Use Copying Derivative Work 98

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

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Copyright Fair Use Copyright Law Copyright Infringement 96

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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Derivative Work Copyright Infringement Copying Copyright 133

LexBlog IP

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

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Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

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Copyright Fair Use Copyright Law Intellectual Property 52

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

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Fair Use Art Copyright Social Media 77

Nelligan Law

MARCH 25, 2024

It adorned gallery walls, pirouetted through museums, and graced coffee tables in books faster than you could utter, “15 minutes of fame.” They ruled that Andy Warhol’s use of a photograph by Lynn Goldsmith for a magazine cover featuring Prince was not fair use.

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Copyright Infringement Fair Use Art Settlement 82

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues.

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Fair Use Copying Licensing Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Trump’s lawsuit alleges, however, that the consent he granted to Woodward was limited to publishing excerpts from the interviews in book form, and that he did not consent to publication of the sound recordings or of full transcripts thereof.

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Copyright Blogging Publishing Fair Use 120

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. If copyright protection is applied rigidly, it will hamper progress of the society. Way Forward.

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Copyright Licensing Higher Education Copying 87

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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Copyright Derivative Work Fair Use Copyright Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use.

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LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

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Fair Use Licensing Music Art 52

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

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Fair Use Non-Fungible Tokens Copyright Social Media 238

IP and Legal Filings

JANUARY 22, 2024

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. It is obvious from the early statutes that copyright protection was initially solely extended to books.

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Ownership Copyright Fair Use Intellectual Property 52

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

IPilogue

NOVEMBER 16, 2022

The doctrine of fair dealing in Canada has long played an important role in balancing the scales of copyright law from leaning too far in favour of copyright holders. The parallel doctrine in the US tracks along similar reasoning and is known as the ‘fair use’ doctrine. Our answer is yes.”

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Fair Use Derivative Work Copyright Copyright Law 59

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

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Fair Use Licensing Music Art 40

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

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Copyright Fair Use Settlement Designs 89

Copyright Lately

SEPTEMBER 12, 2022

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. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Paging Section 113(c).

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Copyright Derivative Work Artwork Fair Use 96

Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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Artwork Copyright Infringement Copyright Art 88

LexBlog IP

FEBRUARY 11, 2024

I would read an article or book passage, take notes, write what I’d learned in my own words and voila my homework, research, or report was complete. It’s a topic that feels right out of a thrilling legal drama: should AI models be fed with copyrighted content? Much of that content is protected by copyright laws.

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Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. The addition of “education” was hardly an overhaul.

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Copyright Licensing Higher Education Fair Use 53