Technology & Marketing Law Blog

NOVEMBER 21, 2023

.” The plaintiff copyright owners are three book authors suing on behalf of a class, including GenXer icon Sarah Silverman. This short opinion squarely addresses when AI training models constitute derivative works. Remember her appearance in Star Trek Voyager? And who can forget her appearance in the Aristocrats? ).

Derivative Work 101

Derivative Work Copyright Copyright Law Copying 101

TorrentFreak

FEBRUARY 13, 2024

These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component. The general vision was that the plaintext collection of more than 195,000 books, which is nearly 37GB in size, could help AI enthusiasts build better models.

Copyright Infringement 118

Copyright Infringement Copyright Derivative Work Copying 118

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. You can't judge a book from its cover". True, except when a book and its cover are involved. But of course.

Art 134

Art Artwork Copying Moral Rights 134

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. East Coast Foods, Inc., 3d 1148.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

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.”

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 52

Plagiarism Today

SEPTEMBER 15, 2021

In short, it’s claiming that Chegg, in many cases, either directly copies the content or creates a thinly veiled derivative work based upon it, both of which are violations of copyright law. Pearson alleges that this takes place both in text and video format in the service.

Copyright Infringement 232

Copyright Infringement Copyright Derivative Work Fair Use 232

Copyright Lately

JANUARY 23, 2023

In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. You’d be wrong. The Copyright Act Definition is Broad, But. 17 U.S.C. §

Derivative Work 108

Derivative Work Art Copying Fair Use 108

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?

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

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.

Public Domain 191

Public Domain Music Derivative Work Licensing 191

The IPKat

JULY 2, 2021

People create books, or movies, to be read, or viewed, by others. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. But they are a rare breed.

Derivative Work 70

Derivative Work Copyright Publishing 70

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.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

Derivative Work 104

Derivative Work Public Domain Copyright Fair Use 104

The IPKat

JANUARY 26, 2023

This phenomenon illustrates the commercial potential of derivative works within the copyright system. Most of the chapters of this book cover core issues of patent law. Hayleigh Bosher announced the IPKat Book of the Year Awards 2022 winners. Neil Wilkof focused on the phenomenon of the cross-media franchise.

Derivative Work 76

Derivative Work Invention Registration Related Rights 76

LexBlog IP

MARCH 14, 2024

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. Plaintiffs also alleged that if a ChatGPT user asked it to summarize one of their books, ChatGPT would generally generate “accurate summaries of the book’s content and themes.”

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. 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. Its main purpose is to help structure the discussion. Copyright 1. Fair dealing c.

IP 120

IP Derivative Work Intellectual Property Art 120

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.

Fair Use 97

Fair Use Copyright Copyright Infringement Derivative Work 97

LexBlog IP

AUGUST 4, 2023

one of the copyright rights is the right to prepare derivate works (e.g., turning a book into a movie, a translation of a book from one language to another). It’s a way where you take your original work and add new expression to it. ” “Looking forward, what do we say about other fair uses?

Art 52

Art Fair Use Derivative Work IP 52

IP Tech Blog

AUGUST 4, 2023

The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., turning a book into a movie, a translation of a book from one language to another). It’s a way where you take your original work and add new expression to it.

Art 52

Art Fair Use Derivative Work Blogging 52

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. Code, subsection 101 , states: . “

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

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? In Yonay v.

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

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).

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

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.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Copyright Lately

NOVEMBER 8, 2022

That’s when a whole slew of popular books, stories and films first copyrighted in 1927 will enter the public domain in the United States. At the same time, those aspects of the character’s evolution that don’t appear until later works may still be eligible for copyright protection.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. The parodic context has to remain for the work to remain a fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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.”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

Velocity of Content

MARCH 16, 2023

One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. 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.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

JULY 28, 2021

Specifically, Shull alleged that one of the show’s main characters, Dr. Wendy Rhoades, is an unauthorized derivative work based on her book. In 2018, author and professional performance coach Denise Shull and The ReThink Group, Inc. Showtime Networks Inc., Read more.

Derivative Work 40

Derivative Work Television Copyright Infringement Marketing 40

BYU Copyright Blog

MAY 24, 2022

Sometime after this, Pepperdine allegedly took the Photo without authorization, cropped it, and used it as the cover of "The Orange Book: 2021 Academic Planning Guide" (the "Guide") a publication of the Pepperdine Caruso School of Law.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

Velocity of Content

AUGUST 9, 2022

Often, copyright owners and users have to analogize to works as diverse as music and books when assessing whether something is fair use, and a Supreme Court case regarding visual works could be helpful in developing law more specific to that oeuvre. . The case is important for several reasons. federal copyright law)?

Fair Use 98

Fair Use Derivative Work Licensing Art 98

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. They therefore introduced additional rights for derivative works, such as translations, film adaptations or musical arrangements (pp.

Copyright 138

Copyright Derivative Work Music Copying 138

IP and Legal Filings

OCTOBER 8, 2023

Originality Though the term or concept of ‘originality’ is not defined under the Act, Section 13(a) specifies that the work should be ‘original’. Nevertheless, it was explained in the case of Eastern Book Company v. Modak [2] (2002). Modak &Anr on 12 December, 2007 (indiankanoon.org) [3] CAIN v. UNIVERSAL PICTURES CO., 1013 | S.D.

Copyright 99

Copyright Artistic Work Copyright Law Art 99

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.”

Copyright Infringement 52

Copyright Infringement Derivative Work Copyright Copyright Notice 52

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.

Marketing 40

Marketing Marketing Fair Use Derivative Work 40

LexBlog IP

SEPTEMBER 28, 2023

themselves infringing derivative works”; and (3) “output” infringement, because the LLMs are themselves infringing derivative works, their “textual output” is infringing as well. .”

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

Copyright Lately

AUGUST 25, 2023

Think of human modifications to AI as a quasi-derivative work—the copyright in a derivative work only extends to the material contributed by the author of that work , as opposed to the underlying material. Importantly, however, there will still be no copyright protection in the AI-generated material itself.

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

JIPL Online

NOVEMBER 1, 2021

If a book lacks a satisfying ending, readers are free to write a new one. Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 11] Physical mods of game hardware are considered derivative. [12] By: Mikela Gassert.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59