Remove Contracts Remove Derivative Work Remove Fair Use Remove Ownership
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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

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. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code.

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No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

LexBlog IP

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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WIPIP Concurrent Session #3: Copyright Doctrine

43(B)log

In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Works almost like a fair use defense. Where is de minimis used elsewhere? Could attend to contracts of adhesion in that way.

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If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

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WIPIP Concurrent Session #5 Copyright & Culture

43(B)log

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Said: ownership records; interview a few repeat players. Would it allow fair use?

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WIPIP Concurrent Session #6 Copyright Theory

43(B)log

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?