LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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LexBlog IP

SEPTEMBER 28, 2023

Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement. ” OpenAI’s arguments instead focused on vicarious liability and failure to state a claim under Section 1202(b) of the Digital Millennium Copyright Act (the “DMCA”).

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LexBlog IP

FEBRUARY 15, 2024

OpenAI, Inc. , [1] a putative class action filed on behalf of a group of authors alleging that OpenAI infringed their copyrighted literary works by using them to train ChatGPT. [2] 2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

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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.”. Course Hero declined to provide the information absent a subpoena.

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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. While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable.

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IP and Legal Filings

MAY 15, 2024

Main Blog Unlicensed use of any content registered under the Copyright Act, 1957 , violates the exclusive rights of the owner and amounts to copyright infringement. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display.

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TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. In July, Triller filed its second amended complaint which added Teddy Fresh Inc.

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The IPKat

JUNE 27, 2022

One the most important technical features of the blockchain is that every information which is recorded there becomes immutable so that the “link to the digital file” becomes immutable once recorded in the blockchain. Yuga Labs, therefore, still owns the copyright in each NFT. A digital file (an artwork, a song, etc.),

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LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it.

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The IP Law Blog

JULY 6, 2023

The first fair use factor will now analyze whether the purpose of the use of the second work is different enough from the first to reasonably justify copying. Also, the court observed that “[c]riticism of a work…ordinarily does not supersede the objects of, or supplant, the work. Dodger Productions.

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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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TorrentFreak

AUGUST 13, 2022

By inducing the direct infringements of Lavicheat users who “copy, reproduce, adapt, and/or create derivative works” from Bungie’s copyrighted works, Lavicheats is liable for contributory copyright infringement.

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LexBlog IP

JULY 6, 2023

The first fair use factor will now analyze whether the purpose of the use of the second work is different enough from the first to reasonably justify copying. Also, the court observed that “[c]riticism of a work.ordinarily does not supersede the objects of, or supplant, the work. .” Dodger Productions.

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TorrentFreak

JANUARY 6, 2023

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. The statute also has a ‘scienter’ requirement, i.e intent or knowledge of wrongdoing.

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Kashishipr

JUNE 16, 2021

Theft of Copyright: Generally, Copyright Infringement happens when an original film or artwork or musical work, or software code is reproduced (in whole or part) bearing similarity to the original work or has multiple and identifiable elements copied in a derivative work.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

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Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Thus, the decisions about what textual information to include in the training dataset are deliberate choices. Vicarious Copyright Infringement (17 U.S.C. §

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

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IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Trademark Ownership and Infringement.

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Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. or GPT-4) as part of its training data.

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LexBlog IP

MAY 31, 2023

For more information, please see Cleary Gottlieb’s client alert. She contacted AWF alleging infringement of her copyright in her photograph. In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use. Goldsmith counterclaimed for copyright infringement.

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Copyright Lately

JANUARY 31, 2023

” Primary Wave licensed the right to use the “Never Gonna Give You Up” composition to Yung Gravy’s team, which allowed them to copy the lyrics and melody, but not to record the actual sounds from the sound recording. ” “The exclusive rights of the owner of copyright in a sound recording.

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IP and Legal Filings

MAY 3, 2024

Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

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LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Trademark Ownership and Infringement.

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LexBlog IP

FEBRUARY 14, 2024

The class of plaintiff authors seeking to hold OpenAI liable for copyright infringement has faced yet another setback. Vicarious copyright infringement (Count II) – DISMISSED OpenAI argued that this claim fails because plaintiffs did not make a threshold showing of direct infringement.

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Technology & Marketing Law Blog

JUNE 20, 2023

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

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Patently-O

DECEMBER 11, 2023

Below is the substance of our reply comments explaining why we believe the agency’s comments were ill-informed, misguided, and highly ambiguous. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty. Under governing law, that is a judicial function.

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LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

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SpicyIP

APRIL 15, 2024

Moreover, it is also necessary for the program to make copies of the information before it analyses it. As the worlds of GenAI and copyright collide, the issue before us is whether the use of copyrighted works through TDM for the training of GenAI amounts to copyright infringement?

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Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. The plaintiff in question was rapper Denise Jones, aka Necey X, who claimed that Cardi B, Megan Thee Stallion and Atlantic Records “copied and pasted the lyrics” from her original song Grab Em by the P * to use in the hit songs WAP and Thot S**t.

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LexBlog IP

OCTOBER 26, 2023

Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement by OpenAI—and arguing that “substantial similarity” is irrelevant because OpenAI copied their works wholesale, without permission, in order to make ChatGPT work.

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Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 22-cv-7074-JST, ECF No. 1202(b).

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IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. One such area where copyright violations are common is the internet.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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43(B)log

SEPTEMBER 7, 2023

Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal. Campbell argued that the USA Today producer violated Gannett’s own copyright policy by downloading the ad from YouTube and taking a high-res screengrab. Thus, there was a jury question on willfulness.

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