Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement.

Copyright Infringement 230

Copyright Infringement Copyright Derivative Work Fair Use 230

Barry Sookman

FEBRUARY 25, 2024

… The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman.

Litigation 63

Litigation Derivative Work Fair Use Copying 63

TorrentFreak

FEBRUARY 13, 2024

The vicarious copyright infringement claim fails because the court doesn’t agree that all output produced by OpenAI’s models can be seen as a derivative work. “Plaintiffs’ allegation that ‘every output of the OpenAI Language Models is an infringing derivative work’ is insufficient.

Copyright Infringement 119

Copyright Infringement Copyright Derivative Work Copying 119

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images. You’d be wrong.

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Derivative Work Art Copying Fair Use 108

The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

The Illusion of More

JANUARY 19, 2022

By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66 million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works.

Derivative Work 126

Derivative Work Copying Copyright Art 126

TorrentFreak

OCTOBER 17, 2022

The RIAA logically doesn’t want third parties to strip music or vocals from copyrighted tracks, particularly when these derivative works are further shared with others. Unauthorized Copies and Derivatives. While Songmastr’s service is a bit more advanced, the RIAA sees it as clearly infringing.

Music 137

Music Copyright Derivative Work Copying 137

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. Assuredly, Dolce & Gabbana may not be able to prevent copies on the U.S. In this negative space of copyright law in the U.S., As in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

Plagiarism Today

AUGUST 29, 2022

This means that a majority of published research is hidden behind paywalls and not available to those that don’t or can’t pay for access to it outside of pirated copies. SA: This means “share alike” and allows others to create derivative works based on the original, but any derivative must be licensed under the same terms.

Journalism 217

Journalism Derivative Work Publishing Licensing 217

43(B)log

FEBRUARY 16, 2022

It is that functionality, and not the copying, to which Apple truly objects. Opening software to information gathering and vulnerability testing is transformative, just as gathering information about and criticizing other types of works are classic transformative fair uses. But fair use protects precisely this kind of analysis.

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Derivative Work Fair Use Copying Copyright 90

IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

TorrentFreak

JANUARY 17, 2024

Without obtaining permission, Lokka made a copy of the report, added his own subtitles, and then retransmitted the new version to the public via Twitter. When he copied and then rebroadcast the news report, that was copyright infringement. Subtitle Defense 2.0:

Copyright 117

Copyright Derivative Work Fair Use Reporting 117

Indiana Intellectual Property Law

JUNE 1, 2023

The court’s decision has significant implications for artists and content creators, as it raises questions about the transformative nature of derivative works. The commercial nature of the copying further weighed against fair use.

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Fair Use Derivative Work Artwork Copyright Infringement 97

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

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Derivative Work Copyright Settlement Reporting 102

IPilogue

NOVEMBER 8, 2021

Chegg works by hiring freelance workers to prepare step-by-step processes to answer the questions at the end of each chapter of Pearson textbooks. Nicole Haff , a litigation partner at Romano Law PLLC, states, “ answers to study guides and explanations to study guide questions are not protected as derivative works under the Copyright Act.”

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

Plagiarism Today

SEPTEMBER 28, 2022

Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced. These days, comic artists and comic fans do not tolerate this kind of copying. Where We Are Today.

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Plagiarism Copying Publishing Derivative Work 190

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. A clear gaff to be sure, which is then heightened by the fact that the purchase was funded almost entirely by investors and fans of the Dune franchise.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

IP Law 360

JULY 18, 2023

The Ninth Circuit ruled Monday that copyright registration of a derivative work covers elements shared by earlier unregistered versions, recognizing a management consultant's right to sue a software company for allegedly copying both iterations of a teaching tool she claims to have created.

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Derivative Work Copyright Copying Registration 40

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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Copyright Artwork Moral Rights Non-Fungible Tokens 121

LexBlog IP

NOVEMBER 8, 2023

The only direct infringement claim to survive defendants’ motions to dismiss was the direct copyright infringement claim against Stability AI based on its alleged copying and use of copyrighted images to train Stable Diffusion. ” [viii] Skepticism that the AI model itself could be a “derivative work.”

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Derivative Work Copyright Infringement Copying Copyright 52

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Switzerland (scientific research) g.

IP 120

IP Derivative Work Intellectual Property Art 120

Plagiarism Today

JULY 28, 2021

The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools. Only three of the defendants were identified by name, two located in the U.S.

Copyright Infringement 245

Copyright Infringement Derivative Work Artwork Licensing 245

The IP Law Blog

SEPTEMBER 28, 2023

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

Public Domain 113

Public Domain Copyright Copying Registration 113

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 142

Copyright Infringement Copyright Derivative Work Artwork 142

LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 52

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Prince is work plus embodiment.

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Fair Use Derivative Work Copying Marketing 59

LexBlog IP

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

The IP Law Blog

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Plagiarism Today

JANUARY 3, 2022

For works published before 1978, that is 95 years after publication meaning that works from 1926 expired into the public domain at the start of the year. Works that enter the public domain are free to be copied, used, distributed and have derivative works created of them without a license.

Public Domain 189

Public Domain Music Derivative Work Licensing 189

LexBlog IP

FEBRUARY 20, 2024

Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

LexBlog IP

APRIL 12, 2023

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. ” It also added that a secondary use also may be transformative if it expands the utility of the original work.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

IPilogue

JULY 18, 2022

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. Copyright, in the simplest terms, is “ the right to copy.”

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Plagiarism Today

NOVEMBER 9, 2022

However, publishing companies had been continuing to collect royalties on behalf of songwriters even after the rights were reclaimed due to the law saying that publishers can continue licensing any existing derivative works.

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Derivative Work Licensing Copyright Plagiarism 160

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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. What is a Derivative Work? What is Generative AI? Stability AI Ltd.

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Derivative Work Copyright Fair Use Copyright Law 59

JIPL Online

MARCH 15, 2021

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98