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

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues.

Fair Use 52

Fair Use Copying Licensing Copyright 52

SpicyIP

JULY 29, 2021

The Report’s recommendations boil down to: Permitting photocopying (only) in Government-owned educational institutions and storing it in libraries for easy access to students. Firstly , education , which is not only a copyright exception but a fundamental right under Article 21A, is imparted outside of government-owned institutions as well.

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Copyright Reporting Fair Use Copyright Law 119

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. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IP and Legal Filings

JULY 21, 2022

This is the time when India is going through an upheaval of changes in our education system with the help of different policies of government as well as with the use of different technologies in modernizing the way of learning. If copyright protection is applied rigidly, it will hamper progress of the society. Way Forward.

Copyright 88

Copyright Licensing Higher Education Copying 88

Kashishipr

OCTOBER 27, 2021

There has been a long-standing debate about the different modes of safeguarding an API through the laws on patents, copyright, and trade secrets. Patents do not govern computer programs, per se. Copyright and APIs. It was regarded as being fair and permissible by the court of law. Patents and APIs.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. The addition of “education” was hardly an overhaul.

Copyright 54

Copyright Licensing Higher Education Fair Use 54

IPilogue

AUGUST 4, 2021

This is because Copilot would copy small snippets of commonly used code which are unlikely to amount to substantial reproduction or meet the threshold of originality necessary to be protected under copyright. which is established in the USA, such that [any other country’s] law is irrelevant.”. What About Copyleft?

Copyright Infringement 112

Copyright Infringement Copyright Intellectual Property Law Licensing 112

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

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Copyright Art Fair Use Registration 145

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. However, the content must reflect an expression of something since ideas are not governed under copyright. You may sign-up for a Creative Common License where the issue lies in seeking acknowledgment of the work.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IP and Legal Filings

JANUARY 8, 2023

The year 2020 brought a big change for the music and movie industries as the forced lockdown to control the pandemic issue made them launch their movies and music albums on the online platform, which also brought up the problem of copyright infringement as now it was easy to record and sell the movies online. Wynk Music Ltd. Conclusion.

Copyright 76

Copyright Copyright Infringement Music Copying 76

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. This has important implications for the doctrine of fair use.

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Fair Use Derivative Work Blogging Licensing 95

Copyright Lately

JANUARY 13, 2023

and 20th Century-Fox Records argued that, because King had distributed advance copies of the speech to the press without restricting them from reproducing or distributing it further (and without the copyright notice required under copyright law at the time), the speech was in the public domain.

Copyright 94

Copyright Public Domain Copyright Notice Copying 94

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

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.

Music 87

Music Copyright Copying Copyright Law 87

IP and Legal Filings

NOVEMBER 11, 2022

Industrial and graphic designs, applied art, architectural buildings are also protected by copyright. In China, certain reasonable or personal use of copyrighted works without permission or remuneration is permitted where the use falls within the scope of fair use. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. However, the Government later withdrew these guidelines.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

TorrentFreak

MAY 15, 2023

After all, it’s not fair to legal whorehouses that pay their share of taxes to lump them with meth labs and YouTube,” Schneider wrote. When a dry cleaning plant is a front for a crystal meth lab, the government comes in with guns ablazing. ” Laundering Pirate Content or Solving Problems? .”

Copyright 130

Copyright Intellectual Property Business Licensing 130

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! However, he also stated that the government was not considering bringing a law or regulating the growth of artificial intelligence in the country.

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IP Intellectual Property Reporting Government 98

The IPKat

OCTOBER 18, 2021

Here is what Desmond says: Nigeria quietly, but surely, embracing balance, openness and flexibility in her copyright regime? by Desmond Oriakhogba Sometime in 2012, Nigeria began the process of reforming her over three-decade old copyright law. The FEC approved bill was eventually sent to the Senate in May 2021.

Copyright 80

Copyright Copyright Law Licensing Government 80

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. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 95

Blogging Copying Social Media Copyright 95

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. 14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. Some have argued in favour of fair use, at least in the US context.

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IP Licensing Fair Use Moral Rights 129

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 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].

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

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. This left only the fair use defense remaining for the jury.

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Fair Use Designs Design Licensing 78

Kluwer Copyright Blog

APRIL 25, 2024

Image by Andreas Grönberg from Pixabay In Canada, the Federal Government has just announced a $2.4 Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ).

Copyright 70

Copyright Government Copyright Law Reporting 70

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] Why Paywalled Monetization of Mods Makes Copyright Holders Threaten Litigation.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Kluwer Copyright Blog

SEPTEMBER 26, 2022

This is not the first time that readers of the Kluwer Copyright Blog will have read about either the CDSM Directive or the reCreating Europe project. freedom of expression-based exceptions and limitations, which might be covered by fair use in the US) or they were not clear enough on the practical application of those flexibilities (e.g.,

Art 100

Art Social Media Licensing Copyright Law 100

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

Kluwer Copyright Blog

JANUARY 16, 2024

The Judge concentrated on the very core of the copyright issue in the generative AI tools – their alleged training via resources made public on the internet and/or protected under copyright laws.

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

Trading Secrets

NOVEMBER 2, 2023

Support for Patent Practitioners: It’s unclear whether the guidance under AI Inventorship or the Additional Guidance will address the use of AI in the patent application drafting process. Fair Use: The Executive Order encourages data sharing and research. Is it the programmer, the entity that deployed the AI, or the AI itself?

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. University Of Houston System, No. 21-735 (2021). See Jim Olive Photography, d/b/a Photolive, Inc., 2063 (June 23, 2021).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

NOVEMBER 2, 2023

Support for Patent Practitioners: It’s unclear whether the guidance under AI Inventorship or the Additional Guidance will address the use of AI in the patent application drafting process. Fair Use: The Executive Order encourages data sharing and research. We have previously written about this issue here and here.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Support for Patent Practitioners: It’s unclear whether the guidance under AI Inventorship or the Additional Guidance will address the use of AI in the patent application drafting process. Fair Use: The Executive Order encourages data sharing and research. We have previously written about this issue here and here.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Microsoft Technology Licensing v. The Microsoft Technology Licensing judgement was passed by a Single Judge Bench of Justice Sanjeev Narula. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

FEBRUARY 13, 2023

105 , as a “work of the United States Government”? Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The Falwell court was on solid ground in denying relief on the grounds of an implied license.

Copyright 119

Copyright Blogging Publishing Fair Use 119

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52