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Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. There seems to have always been tension between artistic creativity and copyright law.

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Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

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. Chegg’s Potential Defenses.

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

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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Judge Recommends Approving “New” Phanatic Mascot Despite Termination

Copyright Lately

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

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The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Kluwer Copyright Blog

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. Hutcheon’s broad definition encompasses a wide array of hypertextual forms beyond traditional parody.

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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

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.