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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). Of course, The Nation published the juiciest details from the memoir: Ford’s reasons for pardoning his predecessor, Richard Nixon.

Copyright 116
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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. But he eventually reversed his own position.

Fair Use 136
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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 103
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The United States Copyright Office Notice of Inquiry on AI: A Quick Take

Velocity of Content

Does the increasing use or distribution of AI-generated material raise any unique issues for your sector or industry as compared to other copyright stakeholders? AI generated materials may both advance text publishing and hinder it. It is also useful for primary research that may result in the creation of new content.

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

Technology & Marketing Law Blog

Flores sent a DMCA 512(g) counter-notice on June 27, 2022, and filed with the CCB the next day. The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

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Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. Is a copyright notice sufficient? What about the words “all rights reserved?”

Editing 59
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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 129