Barry Sookman

FEBRUARY 25, 2024

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

Litigation 62

Litigation Derivative Work Fair Use Copying 62

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. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art.

Copyright Law 111

Copyright Law Copyright Law Art 111

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

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 118

Copyright Infringement Copyright Derivative Work Copying 118

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

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. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law.

Copying 97

Copying IP Copyright Law Designs 97

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.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. It is that functionality, and not the copying, to which Apple truly objects. Corellium security research dispute. Lewis Galoob Toys, Inc.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

TorrentFreak

JANUARY 17, 2024

It involved the use of copyrighted content to create an alleged ‘parody’ (one that many people would find offensive), the distribution of that content to the public via Twitter, and a defendant claiming immunity under copyright law. When he copied and then rebroadcast the news report, that was copyright infringement.

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

Indiana Intellectual Property Law

JUNE 1, 2023

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.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

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

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.

Derivative Work 102

Derivative Work Copyright Settlement Reporting 102

The IP Law Blog

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.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

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

IPilogue

NOVEMBER 8, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . . 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. Photo by Kyle Gregory Devaras ( Unsplash ). However, I recall certain books had the answers in them.

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

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. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

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. Private international law/Conflicts a. and Mazur, J.

IP 120

IP Derivative Work Intellectual Property Art 120

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). From remixes to remasters.

Music 98

Music Copyright Law Copyright Law 98

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

LexBlog IP

NOVEMBER 29, 2023

Like the court in that image-generator case, the new decision cited by OpenAI dismissed most of the plaintiffs’ copyright claims and other claims, although it did so with leave to amend all but one state-law negligence claim.

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 52

Plagiarism Today

JANUARY 3, 2022

Copyright Law, works lapse into the public domain on January First of the year their copyright expires. 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. Milne’s book Winnie the Pooh. They are free of copyright.

Public Domain 195

Public Domain Music Derivative Work Licensing 195

LexBlog IP

NOVEMBER 8, 2023

[iv] Claims brought against the defendants included direct copyright infringement, vicarious copyright infringement, violations of the Digital Millennium Copyright Act, violations of California’s right of publicity statute and common law rights of publicity and unfair competition under California state law.

Derivative Work 52

Derivative Work Copyright Infringement Copying Copyright 52

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

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?

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

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.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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.

Derivative Work 40

Derivative Work Copyright Copying Registration 40

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. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design. 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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

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.

Derivative Work 164

Derivative Work Licensing Copyright Plagiarism 164

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. Case 1- Doe 1 v. GitHub Inc., Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

DECEMBER 20, 2023

However, putting ourselves in the shoes of the artists whose voice and art are being used to feed a machine that will then copy everything that makes them who they are, it is not difficult to comprehend Bad Bunny's reaction. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

Music 73

Music Social Media Copying Derivative Work 73

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

Copyright 121

Copyright Copying Derivative Work Licensing 121

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.”

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

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.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

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