Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] The amount and substantiality of the portion used in relation to the copyrighted work. Since the Supreme Court’s decision in Campbell v.

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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.

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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).

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TorrentFreak

SEPTEMBER 28, 2023

Among its arguments to dismiss the claims, the AI company cited fair use. It argued that the use of large amounts of copyrighted texts could be seen as ‘fair’ because it helps to facilitate progress and innovation. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law. .

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IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence.

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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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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. ” Unbeknownst to Ms.

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LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12]

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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. Chegg’s Potential Defenses.

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Barry Sookman

FEBRUARY 25, 2024

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

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Table of Contents: Warhol v.

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IPilogue

JULY 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The focus of the conflict was the meaning of “transformative works” in the U.S. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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Kluwer Copyright Blog

JANUARY 16, 2024

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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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v.

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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.” The current Stable Diffusion model uses about 5 gigabytes of data.

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Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. These arguments are deeply flawed and gloss over crucial technical and legal issues.

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43(B)log

OCTOBER 20, 2022

Although I don’t think there is given the intentional breadth and flexibility of Congress’s adoption of the common law concept into a still-broad and flexible test, it occurred to me that Professor Tony Reese presciently identified a division in the cases that corresponds to those two words.

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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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Kluwer Copyright Blog

AUGUST 13, 2023

To complete this picture, we need to consider that in the US the US Federal Trade Commission (“FTC”) has opened an investigation into OpenAI aimed at verifying whether it has violated US consumer protection law ( here ). Many kinds of material have been used to train large language models. and others v.

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Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code. Case 1- Doe 1 v.

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Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. This is how her picture might look on some useful articles: Who doesn’t love a hula-hooping cat? 17 U.S.C. § You get the idea.

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43(B)log

FEBRUARY 16, 2024

Ushered in sea change in terms of how it was used in art cases. For years, those cases had determined fair use by focusing largely on whether the secondary work was transformative: new meaning or message. Conceptual work is beneath the surface of the work. Images are impenetrable to meaning.

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Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. The New York Times is claiming damages and an order to stop OpenAI and Microsoft from using any of its articles.

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LexBlog IP

SEPTEMBER 28, 2023

Interestingly, although OpenAI moved to dismiss most of the Silverman and Tremblay claims, it did not seek dismissal of Plaintiffs’ claims for direct copyright infringement, which OpenAI said it would “seek to resolve as a matter of law at a later stage of the case.” court has squarely ruled on the question.”

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. 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”? USCO and Federal Court decisions in US b. Japan (Art.

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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. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only.

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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.

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Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law.

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LexBlog IP

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. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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LexBlog IP

SEPTEMBER 21, 2023

Both Meta and OpenAI moved to dismiss all claims except the direct infringement claim, as the companies plan to contest this claim later as a matter of law. ” Because fair use is an affirmative defense (to be proven by the defendant), Meta and OpenAI will likely explore this issue further at a later stage of the case. .”

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Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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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] ANALYSIS/PREDICTION.

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LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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