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3 Count: Noisy Hill

Plagiarism Today

First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy. The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy.

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October 19, 1976 – President Gerald Ford Signs the “New” Copyright Act…and Much More

Velocity of Content

The 1976 Act brought in many aspects of copyright with which we are now familiar, including codifying fair use in Section 107 (it previously had been applied on a common law basis). Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

Copyright 116
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Kat Von D Tattoo Lawsuit Appears Headed to a Jury

Copyright Lately

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.

Fair Use 104
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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

Fair Use 137
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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Technology & Marketing Law Blog

and that the DMCA claim and attorney’s fee claims would be dropped, leaving only the copyright infringement claim.” The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. The citations for the basics of fair use do come from 9th circuit cases.

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

Blogging 127
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YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness”

Kluwer Copyright Blog

In 2012, US NASA’s robotic rover touched down on Mars. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. Urban, Joe Karaganis, Brianna Schofield, Notice and Takedown in Everyday Practice ; the underlying data is, however, from 2017). 17 (4) DSMD).