The IP Law Blog

MARCH 2, 2023

Getty Images, a global visual content creator and leading source for visual content, has filed a lawsuit against startup technology company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent or compensation. According to Getty, this is clear copyright infringement.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Thus, it can be said that they have made complete and exact copies of everything they have ingested.

Fair Use 52

Fair Use Copying Licensing Copyright 52

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. Through copyright enforcement, an exclusive right is granted to creators. International efforts to curb copyright infringement in the digital space.

Copyright 76

Copyright Copyright Law Technology Artistic Work 76

Kluwer Copyright Blog

JUNE 19, 2023

Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of real-world assets.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

OCTOBER 18, 2023

Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. 99 of the Italian Copyright Law entitles the author of such works to be fairly compensated for the unauthorized for-profit implementation of the technical project.

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Copyright Art Licensing Copyright Law 128

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Background. Nature of the Work. Amount Used.

Copyright 143

Copyright Social Media Fair Use Licensing 143

The IP Law Blog

AUGUST 3, 2023

The named plaintiff is a photojournalist whose photographs were featured on the websites of various media outlets without a license. The public display right under copyright law is infringed only when an alleged infringer “displays” a “copy” of the copyrighted work. Amazon.com, Inc. ,

Copying 98

Copying Copyright Social Media Copyright Infringement 98

Kluwer Copyright Blog

MARCH 13, 2024

This is particularly true in a digital environment where access and subsequent use of protected works is further complicated by technological protection measures and paywalls. Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works.

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Copyright Art Licensing Contracts 122

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Copyright law is especially crucial in the entertainment sector for safeguarding movies, TV series, songs, screenplays, and literary works.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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 96

Blogging Copying Social Media Copyright 96

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. .

Copyright 119

Copyright Fair Use Publishing Marketing 119

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 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

Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Nicklen sued Sinclair Broadcast Group and others.

Social Media 140

Social Media Copyright Fair Use Licensing 140

IPilogue

AUGUST 4, 2021

The Guardian ’s UK Technology Editor Alex Hern identified a couple of simple tasks that programmers can now hand off to Copilot, including sending a valid request to Twitter’s API (application programming interface) and pulling the time in hours and minutes from a system clock. Some licensing agreements contain “copyleft” obligations.

Copyright Infringement 112

Copyright Infringement Copyright Intellectual Property Law Licensing 112

TorrentFreak

APRIL 23, 2023

copyright law. With no copyright experts immediately available on TikTok or Facebook, we turned to the UK’s third pillar of wisdom to get answers the big questions. ” 2) Sites’ whole purpose was to “circumvent the copyright-protecting safeguards” built into services like YouTube.

Music 128

Music Copyright Technology Copyright Law 128

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 81

Blogging Copyright Contracts Cease and Desist 81

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. Conclusion.

Copyright 75

Copyright Copyright Infringement Music Copying 75

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Blogging 93

Blogging Contracts Copyright Law Copyright 93

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 87

Copyright Licensing Higher Education Copying 87

Trademark and Copyright Law Blog

APRIL 21, 2021

Oracle (owner of the copyrights originally held by Sun Microsystems) asserted that this use without permission was copyright infringement. Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. Oracle America Inc.

Copying 40

Copying Fair Use Copyright Marketing 40

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Designs 90

Designs Design Copyright Copyright Infringement 90

LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. See Concord Music Group, Inc. Anthropic PBC , M.D. Tenn, 3:22-cv-01092, ECF No. 1 at ¶ 1. ” Id. at ¶ 10. .”

Music 52

Music Copyright Infringement Publishing Copyright 52

Kashishipr

OCTOBER 27, 2021

Still, if keeping it as a trade secret is preferred, the entity owning the information can consider licensing its API while explicitly preventing it from reverse engineering or sharing the same with a third party by the inclusion of a separate clause. Copyright and APIs. An example of this is the Sega v. Conclusion.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

The IPKat

DECEMBER 20, 2023

FlowGpt on the other hand, and creator of “NostalgIA'' using AI, came back with an answer, offering peace, and pointing out the beauty of creativity that new technologies can bring. However, AI technology is getting so good that even an amateur can create a song worth listening to, in any style of music or artist , and do so fast.

Music 73

Music Social Media Copying Derivative Work 73

LexBlog IP

FEBRUARY 11, 2024

Copying was tedious. Copying took effort. The proliferation of advanced chatbots, virtual assistants, and generative AI systems has already captivated over 100 million users, underscoring the widespread adoption and embrace of AI technologies. Much of that content is protected by copyright laws.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . Supreme Court on October 7, 2020.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.”

Publishing 141

Publishing Copyright Fair Use Intellectual Property Law 141

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 5.

Database Right 52

Database Right Licensing Public Domain Artwork 52

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. We limit our analysis accordingly.

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

AUGUST 3, 2023

The named plaintiff is a photojournalist whose photographs were featured on the websites of various media outlets without a license. To violate the public display right, infringers must “display ‘copies’ of the copyrighted work.” Amazon.com, Inc. ,

Copying 52

Copying Copyright Social Media Copyright Infringement 52

LexBlog IP

MARCH 2, 2023

Getty Images, a global visual content creator and leading source for visual content, has filed a lawsuit against startup technology company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent or compensation. According to Getty, this is clear copyright infringement.

Copyright Infringement 40

Copyright Infringement Copyright Fair Use Technology 40

TorrentFreak

JUNE 10, 2022

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. The defendants threaten the gaming experience, Bungie added, noting that anti-cheating mitigation technology had cost it “exorbitant amounts of money.” 1201(a) and (b) ).

Copyright 129

Copyright Derivative Work Intellectual Property Copyright Infringement 129

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Amazon.com, Inc.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52