JD Supra Law

JULY 27, 2023

In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change.

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43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book.

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Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. Questions, Answers and Copyright.

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IP Watchdog

JULY 21, 2023

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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TorrentFreak

FEBRUARY 13, 2024

The vision wasn’t wrong; large text archives are great training material for Large Language Models, but many authors disapprove of their works being used in this manner, without permission or compensation. Judge Martínez-Olguín sees no evidence for the intentional removal of this copyright information.

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Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that?

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TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement. Acuff-Rose Music, Inc.

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IPilogue

JULY 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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.

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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). In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. and others v. and others v. Stability Al Ltd.

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The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. He further alleged that Defendants knew or should have known that their acts constituted copyright infringement.

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Kluwer Copyright Blog

JANUARY 16, 2024

Image via Pixabay The two US class actions against Meta We have previously analysed US class actions against Open AI ( here ) and Google ( here ) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini.

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BYU Copyright Blog

MAY 24, 2022

Elliot McGucken ("McGucken") filed an Amended Complaint against Pepperdine University and associated parties ("Pepperdine"), asserting that Pepperdine infringed McGucken's copyright in a photograph (the "Photo") he had taken.

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Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

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IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Copyrightable work The works that can claim copyright protection are enumerated under Section 13 of the Copyright Act. Universal Pictures [3] (1942).

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Barry Sookman

FEBRUARY 25, 2024

In a prior post , I summarized four United States copyright decisions that examined copyright infringement liability for training and making available generative AI (GenAI) services. … The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman.

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TorrentFreak

AUGUST 29, 2023

From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted? And can an AI be trained on copyrighted works without limitation? Fair Use The authors’ copyright infringement claims are grounded in copyright law. Derivative?

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The IPKat

JANUARY 5, 2023

legal battle over the character of Zorro, the Supreme Court has provided important guidance on the requirements and limits of parody under both copyright [see also here for a recent French case] and trade mark law. Let’s see what happened. Background Back in 2007, US company Zorro Productions sued CO.GE.DI.

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The IPKat

JANUARY 4, 2022

Kat friend Dr. Aleksandra Sewerynik shares her periodic insights on copyright in the recording industry, this time in connection with the rights of the music producer. But how do the copyright provisions play out? The form of expression of the intellectual creation is not taken into account in determining copyright protection.

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IPilogue

NOVEMBER 8, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . . Copyright Infringement? . Chegg works by hiring freelance workers to prepare step-by-step processes to answer the questions at the end of each chapter of Pearson textbooks. Photo by Kyle Gregory Devaras ( Unsplash ). Under the U.S.

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TorrentFreak

OCTOBER 17, 2022

From a copyright perspective, AI can bring up some interesting questions. For example, can content created by an AI be copyrighted like any other work? Or perhaps AI can infringe copyrights held by others? Unauthorized Copies and Derivatives. From: TF , for the latest news on copyright battles, piracy and more.

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Kluwer Copyright Blog

JUNE 16, 2021

Arty worked on the original masters produced by OneRepublic, crucially adding his own creative elements, i.e. a derived composition (‘Arty Elements’). US copyright law does not protect remasters, as they lack originality. From remixes to remasters. What is the difference between remixes and remasters? CBS ( Case No.

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LexBlog IP

MARCH 22, 2023

The US Copyright Office has released a policy statement clarifying its position on authorship and copyright protection for works generated by Artificial Intelligence (AI). Under copyright law, authorship is determined by examining who exercised creative control over a work.

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LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. Shira Perlmutter, et al.:

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McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

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The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v.

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Intellectual Property Law Blog

APRIL 12, 2023

Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

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Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Goldsmith , Docket No. 21-869 (2022). Prince did not personally model for Warhol.

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LexBlog IP

FEBRUARY 14, 2024

The class of plaintiff authors seeking to hold OpenAI liable for copyright infringement has faced yet another setback. The lawsuits claim that because the defendants copied their original works of authorship to use as training material for the LLMs, the AI companies are liable under the federal Copyright Act and various state tort laws.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”).

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The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently.

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TorrentFreak

JUNE 10, 2022

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. ” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created. 1201(a) and (b).

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The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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JD Supra Law

FEBRUARY 9, 2024

Notably, Judge Vince Chhabria’s order granting the motion to dismiss rejected the theory that generative language models can themselves constitute infringing derivative works as. 20, 2023) (commonly referred to as Silverman v. By: Farella Braun + Martel LLP

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BYU Copyright Blog

JANUARY 10, 2022

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

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LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. That “data” typically includes other creators’ copyrighted material. What is a Derivative Work?

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Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

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