Patently-O

SEPTEMBER 1, 2023

Although the notice focuses on copyrightability, ownership questions will also come into play. In particular, an approach that does not store or actually copy the underlying works would be less likely to be be infringing. A second important core inquiry focuses on training data that is fundamental to today’s generative AI models.

Copyright 121

Copyright Copying Derivative Work Licensing 121

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 137

Copyright Fair Use Copyright Law Law 137

TorrentFreak

OCTOBER 16, 2022

Everybody knows that content is copied online but the scope of the problem is truly massive. “Most of the serious infringements come through Facebook,” Clement informs TorrentFreak, adding that the company also has the most advanced rights management tool. 44,000 Copies of One Event. Since then, things have changed.

Copyright Infringement 131

Copyright Infringement Copyright Social Media Fair Use 131

IP and Legal Filings

SEPTEMBER 29, 2021

Initially, the District Court adjudicated that Napster’s file-sharing service did not fall under the ambit of fair use. While it was acknowledged that Napster’s system was not created to check for copyright ownership or permissions of the digital assets, the infringing files were searchable by Napster.

Fair Use 52

Fair Use Music Copying Copyright 52

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 120

Copying Copyright Licensing Fair Use 120

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

Technology & Marketing Law Blog

MARCH 29, 2023

The CCB Board found his complaint met “statutory and regulatory requirements for bringing a claim,” and that the claim “provided enough information” for respondent to respond to the claim. It took eight months, but the ownership question of the photographs has been settled. I would not have selected one that had such information on it.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

Blogging 92

Blogging Social Media Television Fair Use 92

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. 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

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 31. 22-cv-7074-JST, ECF No.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

SpicyIP

NOVEMBER 10, 2023

Image by jcomp on Freepik On November 3, 2023, Ministry of Information and Broadcasting issued a notification (see here ), establishing an ‘ institutional mechanism of Nodal Officers’ , under Sec. Therefore, takedown orders cannot be directed against infringing copy of content hosted on OTT platforms. Second , the govt.

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. Background. suo moto mandatory disclosures. What is this ‘intent’ anyway?

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

43(B)log

AUGUST 11, 2022

common ownership are reciprocal. And it’s not really joint ownership in the real property sense b/c there is always a way out of joint ownership—severance to turn it into tenancy in common, which limits the costs that holdout joint owners can impose on each other. is a dramaturg a coauthor?] creation of derivative work.

Music 56

Music Copyright Ownership Derivative Work 56

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

43(B)log

NOVEMBER 2, 2021

The court rejected the CDA §230 defense because PeopleConnect would only count as providing “information provided by another information content provider” if the other info content provider had given it the yearbooks contemplating that they could be published online. The court rejects this argument, for good reason.

Copyright 64

Copyright Advertising Advertising Privacy 64

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. A Musical Parody ” and “ Friends!

Music 102

Music Derivative Work Fair Use Cease and Desist 102

43(B)log

AUGUST 11, 2022

Easiest way to make money was to make a film likely to succeed, and copying a successful foreign plot was a good way to do so. Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. In this case, certain gags had been copied from Knock on Wood.

IP 72

IP Copying Marketing Marketing 72

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Said: ownership records; interview a few repeat players. Would it allow fair use?

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Are the outputs copies of the training data? What to do?

Social Media 52

Social Media Fair Use Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 112

Registration Fair Use Copyright Designs 112

LexBlog IP

DECEMBER 6, 2021

Trade Secrets for Discrete Information. Non-disclosure Agreements (NDAs) for Ownership. Oracle Supreme Court Decision , where the Court determined that Google’s copying of 11,500 lines of Oracle’s Java SE code was indeed fair use of that material as a matter of law. Copyright Protection for Source Code.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In A&E Television Networks, LLC v. 7411 (KPF) (S.D.N.Y.

Social Media 59

Social Media Copying Fair Use Advertising 59

IIPRD

APRIL 21, 2021

With data or information forming the foundation for a plethora of business decisions it is most commonly used for the purposes of doing business or gaining intelligence about the competitors and their latest updates, promotions, products, information, etc., still remains.

Intellectual Property 40

Intellectual Property Business Copyright Intellectual Property Law 40

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation. A: But the Ds here aren’t copying! Silence should be consent.

Copyright 40

Copyright Art Copying Editing 40