Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

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Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. Amount Used. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” This factor weighs against fair use. Market Effect.

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IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton.

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Intellectual Property Social Media Music Fair Use 105

TorrentFreak

MAY 26, 2023

Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise. However, as often happens with popular media, pirated footage was readily available too. Alternatively, they may be classified as fair use.

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TorrentFreak

APRIL 7, 2024

Several of these services have been listed in the USTR’s overview of notorious piracy markets. While we would never vouch for the accuracy of any fingerprinting filter, WebKyte provided us with access to their platform, allowing us to upload files and check the accuracy. Whether it missed any links is unknown, of course.

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Copying Copyright Infringement Fair Use Social Media 91

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court spends more time on its likelihood of confusion analysis.

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Blogging Social Media Television Fair Use 91

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

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Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

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Copyright Lately

SEPTEMBER 26, 2022

As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. As I’ve previously discussed here and here , this means copying that’s so trivial or fleeting that it can’t support a claim for infringement.

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The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

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Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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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

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

” Perhaps the plaintiffs were concerned that Instagram has insufficient “volition” for the copies made by its servers; or perhaps Instagram can claim the 512 safe harbor for any embedded user-uploaded files (but the 512 safe harbor also applies to contributory infringement, so this theory isn’t very plausible).

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Copyright Copyright Infringement Social Media Licensing 116

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. Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok. I’m confused.

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IP Tech Blog

AUGUST 15, 2022

On the first inquiry, the court determined that Bayside did not establish a clear case of copyright infringement because MoneyBag’s use of the photos constitutes fair use. If the use is fair, it is not infringement. The tweets were not for commercial gain, which weighs in favor of fair use.

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IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. There are notable exceptions. DIY Tricks?

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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.” The current Stable Diffusion model uses about 5 gigabytes of data.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

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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. This prevented Signal 23 from marketing for ABOUT HIM in addition to seven or eight other shows it had available for purchase on Vimeo.

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Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

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Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

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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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LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

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Copyright Social Media Plagiarism Fair Use 52

43(B)log

JUNE 30, 2023

His view: some recommender systems should be prohibited AI, if social media use is addictive. Schwemer: we might want special access to data for purposes of debiasing AI as a uniquely good justification for, e.g., copying for training. Yes in Parliament’s version. That means direct overlap in rules. What do we do?

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Law Licensing Social Media Copying 60

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 29, 2013), [link]. [ii]

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Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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43(B)log

FEBRUARY 18, 2022

Your project could fit into the role of probabalistic judgments in law generally: maybe we just should be honest that we are willing to sanction particular interventions in the info market b/c we think they’re wrong (or that it’s not worth taking the risk of this particular effect on reputation). Legally: Falwell v. Current answer: yes.

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43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted.

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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 need remains for high quality, validated news unavailable from social media.

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Kluwer Copyright Blog

SEPTEMBER 26, 2022

by the exclusion of the applicability of the doctrine of exhaustion, that is, the resale of lawfully acquired digital copies), but, more importantly, the examination of selected EULAs evidenced that platforms also tightened the grip on the potential uses of their services. For example, users of social media platforms (e.g.,

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Technology & Marketing Law Blog

DECEMBER 18, 2022

” To punctuate that point, my computer likely made thumbnail copies of them during my research for this post. Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Fair Use for “Meme” Can’t Be Decided on Motion to Dismiss—Philpot v. Alternet Media. Eagle Mountain School District.

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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.

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IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. the restriction against reproducing or copying copyright works) or communication right is infringed. Even premium watch brands are promoting NFT auctions through the many social media platforms accessible.

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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? Fresh start.

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Social Media Fair Use Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

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TorrentFreak

OCTOBER 16, 2022

Everybody knows that content is copied online but the scope of the problem is truly massive. There’s a never-ending stream of infringements across social media platforms that seems impossible to stop, much like the weather. 44,000 Copies of One Event. The copying problem is quite hard to contain.

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