IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Citing Muhammad-Ali v.

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Fair Use Copying Licensing Copyright 112

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. copyright law.

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Fair Use Copyright Moral Rights Copyright Law 137

TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. “Libraries have always been free under copyright law to lend materials they own as they see fit.

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Copyright Fair Use Publishing Marketing 115

Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

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Copyright Copyright Law Copyright Infringement Government 98

Intepat

JANUARY 25, 2024

A key player in this arena is Digital Rights Management (DRM), a technological solution designed to prevent unauthorized redistribution of digital media and uphold the copyright policies of streaming platforms. These laws exist to protect creators’ intellectual property, ensuring recognition and financial remuneration.

Technology 52

Technology Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”).

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Kluwer Copyright Blog

DECEMBER 17, 2023

The calls for revisiting copyright in the wake of generative AI – with proposals to create new exceptions or design remuneration models for authors – further fortify this “faith,” I believe. The overreliance on fair dealing, I argue, inadvertently expands the scope of copyright law and harms the public domain.

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Fair Use Public Domain Copyright Litigation 60

IP and Legal Filings

SEPTEMBER 29, 2021

The Court held that the defendant (Napster) was held liable for contributory infringement and vicarious infringement of the plaintiff’s copyrights. The Napster case gained immense popularity since it explored the intersection of copyright laws and peer-to-peer file sharing systems. Fair use defense that was deemed to be invalid.

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Fair Use Music Copying Copyright 52

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

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Intellectual Property Designs Design Copyright 116

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. This is how her picture might look on some useful articles: Who doesn’t love a hula-hooping cat? You get the idea. Vila’s Claim.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Kashishipr

OCTOBER 27, 2021

However, the idea of protecting the API through the medium of a trade secret goes against the very idea of conceptualizing and designing an API. Copyright and APIs. Copyright is the most obvious and preferred choice for protecting an API due to the basic reasons that it is permissible within the copyright laws of different nations.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

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Copyright Art Fair Use Registration 145

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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 95

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

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Copyright Copyright Law Technology Fair Use 98

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. Most voice model files are actually quite small.)

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Music Copyright Copying Copyright Law 87

Patently-O

AUGUST 25, 2021

In Google , the Supreme Court found fair-use but did not decide the issue of copyrightability. WPL is a UK based software company who obtained several copies of SAS statistical software and made a clone version. SAS sued in E.D.Tex for both copyright infringement and patent infringement. copyright law.”

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Copyright Copyright Infringement Copying Fair Use 125

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. The Federal Circuit’s Google v.

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person authorises the use of the space for the transmission, sale, distribution, or display of an unauthorised work unless they know or have good reason to suspect that doing so will result in a copyright violation. The Purpose of copyright. How to prevent copyright infringement. Recognize the subtleties of fair use.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Fair Use Cease and Desist Contracts Ownership 102

Copyright Lately

OCTOBER 24, 2022

This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys. In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

SpicyIP

NOVEMBER 26, 2022

To dwell into the same, this post will restrict its analysis to the copyrightability of the impugned data as the same is the most popular reserve to protect data and NSE’s officers’ statement that they in particular do not have a problem with genuine educational platforms depicts a digression towards fair use exemption.

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Copyright Cease and Desist Copyright Law Copying 105

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. Two Recent GAI Cases Two recent cases highlight potential copyright issues implicated in the use of GAI tools.

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Derivative Work Copyright Fair Use Copyright Law 59

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

SpicyIP

OCTOBER 11, 2021

Fair dealing requirements under Indian law are quite broad, but one would assume they are purpose built for circumstances like this, where short clips from Aaj Tak have been taken and critical commentary added to it by Newslaundry.

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.”

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IP Intellectual Property Reporting Government 98

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. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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Fair Use Copying Publishing Copyright 69

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

DECEMBER 6, 2021

Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”). Copyright Protection for Source Code. Patent Protection for Functionality.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

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. Skull arm design. Bible verse design. Upper back design.

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Fair Use Designs Design Licensing 78

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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Copyright Fair Use Copyright Law Law 138

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. He also considers Article 5(5) and the way in which the CJEU has interpreted these provisions.

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Copyright Law Law Copyright Fair Use 113

IIPRD

APRIL 21, 2021

These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark , design , etc.

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Intellectual Property Business Copyright Intellectual Property Law 40

Technology & Marketing Law Blog

OCTOBER 19, 2021

With respect to copyright, the court says: “Plaintiffs do not rely on copyright protection for their websites in pleading their claim…Plaintiffs are not asserting infringement of any right to the reproduction, performance, distribution, or display of their websites. ” Wait, what? That can’t possibly be right.

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Licensing Copyright Contracts Advertising 88

Kluwer Copyright Blog

AUGUST 13, 2023

It is based on “ large language models ” (so called LLM ), which is “ trained by copying massive amounts of text ” (so called training dataset ) “ and extracting expressive information from it ” (see § I.2). The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Kluwer Copyright Blog

JANUARY 16, 2024

The plaintiffs are authors of books and did not consent to their use as training material for Meta’s AI product, LLaMA. LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. 1202(a)(1) by asserting copyright in the LLaMA models.

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Derivative Work Copyright Infringement Copying Copyright 133