Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

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TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

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Copyright Infringement Copyright Publishing Copying 83

TorrentFreak

JUNE 30, 2023

AI, Piracy and Copyright There is no direct evidence that OpenAI used pirate sites to train ChatGPT. That said, it is no secret that some AI projects have trained on pirated material in the past, as an excellent summary from Search Engine Journal highlights. Some experts believe that this type of AI training can be considered fair use.

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Copyright Infringement Fair Use Copyright Journalism 139

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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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. , 2019 SCC Online Del 8002 Disney Enterprise inc. Kim cartoon and Ors.,

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Copyright Law Copyright Law Social Media 92

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. Is scraping/text and data mining legal? Impact of Warhol, esp for GenAI) b. Japan (Art. 47 septies ) e. and Mazur, J.

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IP Derivative Work Intellectual Property Art 120

Patently-O

AUGUST 31, 2021

The software at issue here is most aptly described as a programming language that consists of a set of functions & options that the plaintiff calls “input formats” used to produce formatted reports. Law Journal Reading List from the Briefs: Paul Goldstein, Infringement of Copyright in Computer Programs , 47 U.

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

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.

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Blogging Copying Social Media Copyright 95

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. The court found that this situation “presents the rare instance of ‘very close copying’ of Plaintiff’s original expression of elements that is nearly indistinguishable from the infringing work.”

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Social Media Copying Fair Use Advertising 59

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

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Music Copyright Copying Copyright Law 87

IP and Legal Filings

JANUARY 13, 2023

Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. The defence only applies to the extent of a plaintiff’s copyrighted work’s usage, not how the defendant uses it.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

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. It creates ‘Secure Distribution’ of content which generally use encryption and digital watermarks (Pandey).

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Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

JANUARY 31, 2023

The making of copies to perform text and data mining, machine learning, and AI training (collectively “TDM”) without additional licensing is authorized for commercial and non-commercial purposes under CC BY , and for non-commercial purposes under CC BY-NC. Open licenses can create a very practical challenge for users who go beyond the terms.

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Licensing Fair Use Journalism Publishing 98

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. The music industry has already fired a shot about the new TDM exception.

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The IPKat

AUGUST 6, 2023

And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. originality, what is idea and what is expression, what are the elements of and standards for substantial similarity and in the USA, fair use.

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Intellectual Property Law Intellectual Property Law Copyright Law 52

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Many of these issues on the trademark side could be addressed in the Jack Daniels matter if the US Supreme Court grants cert. According to the cert. ’” Cert.

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Fair Use Trademark Moral Rights Law 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

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? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

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Copyright Blogging Publishing Fair Use 118

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

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Intellectual Property Music Copyright Fair Use 52