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.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

Music 98

Music Licensing Television Copyright Infringement 98

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. Include a method for contacting you if someone wants to license content. Gather evidence of copying.

Copyright Notice 59

Copyright Notice Copyright Cease and Desist Copying 59

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.

Copyright 86

Copyright Licensing Higher Education Copying 86

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”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

Fair Use 52

Fair Use Licensing Copyright Editing 52

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.

Copyright 127

Copyright Fair Use Public Domain Government 127

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?

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Kashishipr

OCTOBER 27, 2021

Patents do not govern computer programs, per se. Still, if keeping it as a trade secret is preferred, the entity owning the information can consider licensing its API while explicitly preventing it from reverse engineering or sharing the same with a third party by the inclusion of a separate clause. Patents and APIs.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

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.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Through a licensing agreement, they can give consent for other parties to utilize their creations. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. Wynk Music Ltd.

Copyright 74

Copyright Copyright Infringement Music Copying 74

IPilogue

AUGUST 4, 2021

This is because Copilot would copy small snippets of commonly used code which are unlikely to amount to substantial reproduction or meet the threshold of originality necessary to be protected under copyright. Some licensing agreements contain “copyleft” obligations. What About Copyleft?

Copyright Infringement 112

Copyright Infringement Copyright Intellectual Property Law Licensing 112

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available.

Copyright 54

Copyright Licensing Higher Education Fair Use 54

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Warhol was never personally a party to the license). 21-869 (2022).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

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).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

Copyright Lately

JANUARY 13, 2023

Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech. Of course, that distinction is no longer relevant under the 1976 Copyright Act that governs copyrighted works created in the last half century.

Copyright 94

Copyright Public Domain Copyright Notice Copying 94

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?

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

Technology & Marketing Law Blog

AUGUST 1, 2023

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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2022 the UK Government responded to a consultation over whether to alter the UK provisions for computer-generated works (CGWs) and determined to leave them alone, concluding “There is no evidence at present that protection for CGWs is harmful, and the use of AI is still in its early stages.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” It isn’t human-readable and does not contain copies of any audio recordings. Most voice model files are actually quite small.)

Music 87

Music Copyright Copying Copyright Law 87

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! However, he also stated that the government was not considering bringing a law or regulating the growth of artificial intelligence in the country.

IP 98

IP Intellectual Property Reporting Government 98

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. However, the Government later withdrew these guidelines.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

43(B)log

FEBRUARY 22, 2022

GitHub, Rose Coogan: More than 73 million creators—students, developers, startups, NGOs, governments using GitHub to collaborate on open source. Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. under terms of relevant license.

Copyright 45

Copyright Fair Use Music Licensing 45

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. To what extent are copyrighted works licensed from copyright owners for use as training materials? To your knowledge, what licensing models are currently being offered and used? TVEyes, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

43(B)log

AUGUST 12, 2021

IP derives much of its value from opportunity to license, so it often makes sense to think of reasonable royalty as a cognizable harm. By contrast, elsewhere it might not make as much sense to think of the problem as a lost opportunity to license, e.g., the listing of someone as a terrorist.

IP 90

IP Licensing Law Reporting 90

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. The problem is how do you license all the copyrighted images/information available on the web? The problem is how do you license all the copyrighted images/information available on the web?

IP 129

IP Licensing Fair Use Moral Rights 129

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

The IPKat

OCTOBER 18, 2021

The National Assembly in Nigeria, the legislative arm of government, comprises the Senate (upper chamber) and the House of Representative (lower chamber). The schedule covers supplementary provisions relating to the proposed governing board of the NCC. The FEC approved bill was eventually sent to the Senate in May 2021.

Copyright 80

Copyright Copyright Law Licensing Government 80

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. What Happened. Oracle , should have been decided by the trial judge.

Fair Use 78

Fair Use Designs Design Licensing 78

43(B)log

AUGUST 11, 2021

Cord told Twain the story in NY, which is governed by Hemingway’s Estate v. Twain gave her a signed & inscribed copy after publication, which descendants donated to UMd decades back. Did Twain make fair use? If a household worker had listened to Twain tell a story and published it, would we think it was fair use?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

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).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. I am loath to declare all news content buyers “winners” here, however.

Law 116

Law Licensing Publishing Intellectual Property 116

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.

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

Kluwer Copyright Blog

SEPTEMBER 26, 2022

This post enriches the body of work in this area by summarizing the key findings of our two-phase empirical research on end-user flexibilities and end-user license agreements (EULAs) of online content-sharing service providers (OCSSPs). These flexibilities are narrowed down by the legislation itself (e.g., by Alexander Puutio. €

Art 100

Art Social Media Licensing Copyright Law 100