Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use.

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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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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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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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Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

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JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 277 (2020). [iv]

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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.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

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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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SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? Whether the Process of TDM Amounts to Copyright Infringement? Google Inc.

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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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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.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

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Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. See, e.g., White v.

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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.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

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LexBlog IP

OCTOBER 25, 2023

Dorland alerted publishers, writing conferences, and journalists to what she considered Larson’s plagiarism and ethical betrayal. Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright.

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LexBlog IP

JUNE 5, 2023

Money and copyright won by a 7-2 majority. Money and copyright won by a 7-2 majority. Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life.

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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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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. On that point, time will tell.

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Copyright Fair Use Copyright Law Copyright Infringement 95

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

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Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Will folks ever get tired of suing Taylor Swift over ridiculous copyright claims ? Even though Cramer v.

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Copyright Copyright Infringement Music Fair Use 106

Velocity of Content

APRIL 11, 2024

“Despite efforts by LLM providers to avoid reproducing lengthy excerpts from single works, strings of words from ingested works persist in LLMs. Re-published with permission. They also divert attention from the fact that it is not only possible but practical to be pro-copyright and pro-AI.

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Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. How are photographers supposed to get the attention of those publishers without displaying samples of their work? 3d at 1160.

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43(B)log

SEPTEMBER 7, 2023

Gannett did not use the screenshot of the Sowers photo on Ad Meter, but instead on webpages promoting Ad Meter. Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads.

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SpicyIP

SEPTEMBER 4, 2023

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Other Posts The Times They Are a-Changin’?

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Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it.

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43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. Sotomayor says, 8 times, that the use at issue is commercial licensing.

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Technology & Marketing Law Blog

JUNE 17, 2023

¯_(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.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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Copyright Lately

MARCH 6, 2023

Wagging Tails is now seeking an injunction to prevent Coakley from publishing materials—including a planned tell-all film—recounting his accusations. Wagging Tails’ complaint (read here) seeks, among other things, an injunction to prevent Coakley from breaching his NDA and copyright damages based on the leaked online release of Runt.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

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