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When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivative works. Enter the copyright laws.

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Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

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Copyright Fair Use for Education

IP and Legal Filings

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. It was considered a criminal offense.

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The Latest Chapter in Authors’ Copyright Suit Against OpenAI: Original Pleadings Insufficient

LexBlog IP

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.” For a quick recap of the theories they are asserting, check out our recent AI Update.

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Court Dismisses Most Claims in Authors’ Lawsuit Against OpenAI

LexBlog IP

First, the court dismissed plaintiffs’ claim against OpenAI for vicarious copyright infringement based on allegations that the outputs its users generate on ChatGPT are infringing. The court also dismissed claims for violation of the Digital Millennium Copyright Act (“DMCA”).

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” 22-cv-7074-JST, ECF No. Not all was lost, however.

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.