LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. The focus of the conflict was the meaning of “transformative works” in the U.S. There seems to have always been tension between artistic creativity and copyright law.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement.

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Copyright Infringement Copyright Fair Use Derivative Work 52

Intepat

JANUARY 8, 2024

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Vila later filed a lawsuit for copyright infringement against Deadly Doll based on the unauthorized reproduction and distribution of his photo.

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Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? Inputs When it comes to potentially infringing actions committed by the developers of AI tools, the most likely candidate is the initial scraping (i.e.

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Derivative Work Art Copying Fair Use 108

LexBlog IP

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

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Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

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Copyright Fair Use Copyright Law Intellectual Property 52

Velocity of Content

AUGUST 9, 2022

Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed. She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit.

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IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

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JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. iv] First, it must identify which of the competing uses is more socially valuable.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

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Litigation Fair Use Copying Derivative Work 98

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

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Fair Use Licensing Music Art 105

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. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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Fair Use Derivative Work Copying Licensing 52

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. .

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Copyright Television Copyright Infringement Derivative Work 122

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

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Music Derivative Work Fair Use Cease and Desist 104

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

IPilogue

NOVEMBER 16, 2022

The doctrine of fair dealing in Canada has long played an important role in balancing the scales of copyright law from leaning too far in favour of copyright holders. The parallel doctrine in the US tracks along similar reasoning and is known as the ‘fair use’ doctrine. Our answer is yes.”

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Fair Use Derivative Work Copyright Copyright Law 59

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).

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Fair Use Derivative Work Blogging Licensing 96

The IPKat

DECEMBER 20, 2023

Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement. In the US such actions might be allowed based on the “fair use” doctrine due to the transformative character of the issue at hand. probably without having Bad Bunny´s consent.

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Music Social Media Copying Derivative Work 73

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

TorrentFreak

AUGUST 29, 2023

Authors Sue OpenAI According to several authors, large language model training sets shouldn’t be permitted to use every piece of text they come across online. In their lawsuit filed in June , book authors Paul Tremblay and Mona Awad accused OpenAI of direct and vicarious copyright infringement, among other things.

Copyright Infringement 101

Copyright Infringement Copyright Fair Use Derivative Work 101

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Napster faced action for copyright infringement in cyberspace.

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Copyright Intellectual Property Copying Music 52

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

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Fair Use Licensing Music Art 40

Trademark and Copyright Law Blog

APRIL 21, 2021

Oracle (owner of the copyrights originally held by Sun Microsystems) asserted that this use without permission was copyright infringement. Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use.

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Copying Fair Use Copyright Marketing 40

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

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Music Copyright Copying Copyright Law 87

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Branding Brands 62

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

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Copyright Fair Use Copyright Law Copyright Infringement 95

Kluwer Copyright Blog

JANUARY 16, 2024

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

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Derivative Work Copyright Infringement Copying Copyright 133

Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published.

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Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Fair Use Copyright Law Law 138

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

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Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. How Content Use in LLMs Relate to Copyright How does this relate to the lawsuits?

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Licensing Fair Use Copying Copyright 52

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. That $3,750 works out to a measly $71 for each month the case has been pending.

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Fair Use Designs Design Licensing 78