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.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

Velocity of Content

MARCH 16, 2023

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.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Intepat

JANUARY 25, 2024

This article examines the crucial role of DRM systems, including Google’s Widevine and Apple’s FairPlay, in defending copyright laws. It also explores forensic watermarking, an essential component of DRM, crucial for identifying and curbing copyright violations.

Technology 52

Technology Copyright Fair Use Intellectual Property 52

Velocity of Content

MAY 1, 2024

Thus, it can be said that they have made complete and exact copies of everything they have ingested. Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues. Fair use loomed large among those rights. with that in the U.S. In the U.S.,

Fair Use 52

Fair Use Copying Licensing Copyright 52

Intepat

JANUARY 8, 2024

They argue that the AI chatbots created by OpenAI and Microsoft, like ChatGPT and Copilot, also copy the unique and distinctive style of the Times’ articles. The New York Times is claiming damages and an order to stop OpenAI and Microsoft from using any of its articles.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

SpicyIP

JULY 29, 2021

The Report’s recommendations boil down to: Permitting photocopying (only) in Government-owned educational institutions and storing it in libraries for easy access to students. Limitations on storage of copied works in digital formats. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

TorrentFreak

MAY 24, 2022

When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes.

Editing 140

Editing Copyright Television Copyright Law 140

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Kashishipr

OCTOBER 27, 2021

There has been a long-standing debate about the different modes of safeguarding an API through the laws on patents, copyright, and trade secrets. Patents do not govern computer programs, per se. Copyright and APIs. Google , the Federal Circuit Court held that the Java API in question was copyrightable.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

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. ”).

Fair Use 136

Fair Use Privacy Copyright Technology 136

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. However, the content must reflect an expression of something since ideas are not governed under copyright. Therefore, it is always an option to copyright the entire blog. Blogging and Fair Use.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IP and Legal Filings

JULY 21, 2022

This is the time when India is going through an upheaval of changes in our education system with the help of different policies of government as well as with the use of different technologies in modernizing the way of learning. If copyright protection is applied rigidly, it will hamper progress of the society.

Copyright 89

Copyright Licensing Higher Education Copying 89

Copyright Lately

JANUARY 13, 2023

Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech. Of course, that distinction is no longer relevant under the 1976 Copyright Act that governs copyrighted works created in the last half century.

Copyright 94

Copyright Public Domain Copyright Notice Copying 94

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.”

Copyright 145

Copyright Art Fair Use Registration 145

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works.

Copyright 52

Copyright Intellectual Property Copying Music 52

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.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. The addition of “education” was hardly an overhaul.

Copyright 54

Copyright Licensing Higher Education Fair Use 54

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. It isn’t human-readable and does not contain copies of any audio recordings.

Music 87

Music Copyright Copying Copyright Law 87

IPilogue

AUGUST 4, 2021

Intellectual property law professor Andres Guadamuz argues that Copilot, as it stands, does not infringe copyright. This is because Copilot would copy small snippets of commonly used code which are unlikely to amount to substantial reproduction or meet the threshold of originality necessary to be protected under copyright.

Copyright Infringement 112

Copyright Infringement Copyright Intellectual Property Law Licensing 112

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. Wynk Music Ltd.

Copyright 77

Copyright Copyright Infringement Music Copying 77

LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 52

Copyright Trademark Fair Use Contracts 52

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.

Blogging 95

Blogging Copying Social Media Copyright 95

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! However, he also stated that the government was not considering bringing a law or regulating the growth of artificial intelligence in the country.

IP 98

IP Intellectual Property Reporting Government 98

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. This chapter examines whether street artists and writers are interested in copyright.

Art 57

Art Copyright Moral Rights Cease and Desist 57

SpicyIP

JUNE 19, 2022

In a way, rights consciously or subconsciously dominate our current understanding of permissibility and justness; give structure to the form of government-citizen relationships; shape the content of laws, and for some, justify the morality or ethics of actions.

IP 119

IP Fair Use Invention Copyright 119

IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use.

Art 52

Art IP Intellectual Property Copyright 52

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. However, the Government later withdrew these guidelines.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

OCTOBER 18, 2021

Here is what Desmond says: Nigeria quietly, but surely, embracing balance, openness and flexibility in her copyright regime? by Desmond Oriakhogba Sometime in 2012, Nigeria began the process of reforming her over three-decade old copyright law. The FEC approved bill was eventually sent to the Senate in May 2021.

Copyright 80

Copyright Copyright Law Licensing Government 80

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Kluwer Copyright Blog

AUGUST 13, 2023

Such approach outlines 5 principles that UK regulators should consider to best facilitate the safe and innovative use of AI in the industries they monitor: (1) safety, security and robustness; (2) transparency and explainability; (3) fairness; (4) accountability and governance; and (5) contestability and redress.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

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. This left only the fair use defense remaining for the jury.

Fair Use 78

Fair Use Designs Design Licensing 78