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When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivative works. Enter the copyright laws.

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Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

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

Technology & Marketing Law Blog

Plaintiffs argued that with the popularity of Copilot, it is a near certainty that their code will be used with copyright notices removed or in violation of their open-source licenses. Plaintiffs alleged that Defendants reproduced code as output without attribution, copyright notice, or license terms.

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Before the 1909 Act, the author was required to register the title of the work before publication, as a condition of receiving copyright protection. Under the 1909 Act, an author received a federal statutory copyright merely by publishing the work with proper copyright notice.

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A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

Once a work was published, state law was divested, and one of two things happened. If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain.

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