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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

Fair Use 244
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AI and Copyright Wars: The New York Times Takes on OpenAI and Microsoft

Intepat

New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. 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.

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Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

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Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined.

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Understanding Assignment of Copyright

Kashishipr

Copyright is a bundle of rights and can be exploited in several ways independently from each other. What is an Assignment of Copyright? In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

Copyright 105
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Copyright Protection for Choreographic Works

Kashishipr

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work?

Copyright 105
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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

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. July 17, 2023).