Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

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Velocity of Content

MAY 22, 2024

The answer (other than “money; they don’t want to share it”) lies in part in how US courts and non-US governments view the interplay between licensing and copyright exceptions. Legally, licensing should precede use. Legally, licensing should precede use.

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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.

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Velocity of Content

DECEMBER 6, 2023

Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use? law has no specific rules governing the use of copyrighted materials to train AI. Rather, such uses fall under the general copyright regime. TVEyes, Inc., 3d 169 (2d Cir. Google, Inc.

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TorrentFreak

JUNE 30, 2023

Several rightsholders are worried that their work is being used to train AI without any form of compensation, for example. Governments around the world are taking different approaches, with U.S. government as markets for piracy and counterfeits were present in the data set,” the article added.

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IP Watchdog

MARCH 5, 2023

Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

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Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?

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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. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

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Velocity of Content

MAY 1, 2024

Thus, it can be said that they have made complete and exact copies of everything they have ingested. In all cases, Gervais continued, copy right has balanced the rights of authors to determine the uses of—and be compensated for—their works with the ability of consumers to use works on fair and rea sonable terms.

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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. ” This transformative use analysis took on great importance and often eclipsed the other fair use factors.

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Dear Rich IP Blog

SEPTEMBER 26, 2023

Unless you're willing to follow up on the theft of your website with a threatening letter (or better yet, have your attorney do it), it's unlikely your copyright notice will have much effect on a bad actor bent on copying. Gather evidence of copying. Prepare side-by-side tables showing your site and the copied site.

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Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” These rules govern which country’s laws apply to a set of facts, activities, or conduct.

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Copyright Copyright Law Copyright Infringement Government 98

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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Intepat

JANUARY 8, 2024

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. 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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The IPKat

FEBRUARY 20, 2024

As for the nature of the work, the Court observed that although the physical works had been used to create new, digital works, the new works respected the spirit of the originals and gave their authors proper attribution and recognition. The Court referred to a 2012 decision of the Spanish Supreme Court in the Google case ( Sentencia no.

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TorrentFreak

DECEMBER 21, 2022

Opponents of filtering technology warn that fair use and First Amendment rights are at stake. Rightsholders did not dispute that but noted that these issues don’t play a role when full copies of copyrighted content are shared. These could include upload filters that prevent pirated content from being reuploaded.

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IP and Legal Filings

FEBRUARY 15, 2023

Digital Era And Copyright Infringement- Issues Easy Accessibility Online Now days the use of internet and online based systems has increased manifolds and it is no more a complex task to gather or collect any data from the internet. Kim cartoon and Ors. ,

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SpicyIP

MAY 1, 2023

Some have argued in favour of fair use, at least in the US context. It has been contended that use of databases should generally be allowed for training, whether the contents of such database are copyrighted or not. It could be argued that such use is protected under Section 52(1)(b) of the Act (i.e.

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TorrentFreak

AUGUST 20, 2023

Government. There are also grave concerns that the proposed “fair use” exception, which is modeled after legislation in the U.S., One of the key points of contention is the fair use proposal, which South Africa modeled after the U.S. They argue that protesting a fair use policy inspired by U.S.

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Copyright Fair Use Copyright Law Law 79

Kashishipr

MAY 25, 2021

However, the content must reflect an expression of something since ideas are not governed under copyright. It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. Blogging and Fair Use. is being utilized?

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Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

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Copyright Fair Use Copyright Law Copyright Infringement 96

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. At international level, Berne Convention was the first major convention established in 1886 to govern copyright, and USA became a signatory to Berne in 1989. Zafar Mahfooz Nomani, 2023).

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The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

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SpicyIP

JULY 29, 2021

The Report’s recommendations boil down to: Permitting photocopying (only) in Government-owned educational institutions and storing it in libraries for easy access to students. Limitations on storage of copied works in digital formats. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v.

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Intepat

JANUARY 25, 2024

This analysis aims to provide a comprehensive understanding of how these technologies defend creators’ rights while raising important questions regarding consumer access and fair use. DRM systems are sophisticated technologies that content providers use to govern how their digital media is used and disseminated.

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Copyright Lately

OCTOBER 23, 2023

Aside from the good ol’ “things happen” truism and an attack on the validity of Grant’s sound recording registration, Trump’s principal defense in the lawsuit is fair use. Meanwhile, here’s a copy of a heavily redacted excerpt from Donald Trump’s deposition transcript.

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Copyright Fair Use Music Copyright Infringement 96

Kluwer Copyright Blog

AUGUST 13, 2023

Such approach outlines 5 principles that UK regulators should consider to best facilitate the safe and innovative use of AI in the industries they monitor: (1) safety, security and robustness; (2) transparency and explainability; (3) fairness; (4) accountability and governance; and (5) contestability and redress.

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Copyright Derivative Work Copying Copyright Infringement 98

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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Kashishipr

OCTOBER 27, 2021

Patents do not govern computer programs, per se. However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization. Accolade case, wherein Accolade had copied Sega’s API code. We shall now examine each of them separately.

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Intellectual Property Law Intellectual Property Law Fair Use 98

Plagiarism Today

APRIL 4, 2022

In some types of programming, especially when there’s only one correct way to do something, copying code isn’t just a shortcut, it’s the norm. Many lawyers also copy and paste heavily in the legal documents in a bid to meet the criteria there. The reason for this is simple: Plagiarism is governed by social norms.

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

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Intepat

APRIL 23, 2021

Android even though they developed their own run time environment independent of Java, used 37 API calls that are similar to Java API and literally copied 11,500 lines of code deemed central to Java. The jury, in this case, held that the re-implementation of 37 Java APIs was protected by fair use.

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Copyright Infringement Copyright Fair Use Copying 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

105 , as a “work of the United States Government”? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? 105, as a “work of the United States Government”? Third, is Trump’s claim of ownership barred by 17 U.S.C.

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TorrentFreak

MAY 24, 2022

When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes.

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IP and Legal Filings

JULY 21, 2022

This is the time when India is going through an upheaval of changes in our education system with the help of different policies of government as well as with the use of different technologies in modernizing the way of learning. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

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Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. This body of text is called the training dataset.

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SpicyIP

NOVEMBER 10, 2023

He points out that the Act enables increased control of the government over intermediaries by allowing it to act against intermediaries who are found to host pirated content. Or can the government take suo moto action against suspected content? 243 of ‘ Create Copy or Disrupt ( here). Or would ‘film’ include digital OTT content?

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