Kluwer Copyright Blog

OCTOBER 3, 2023

3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”). District Court for the Northern District of California, No.

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Patently-O

JULY 19, 2023

Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states. How should we balance free speech, parody, and fair use concerns?

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SpicyIP

AUGUST 28, 2022

Appositely, while the ‘property’ image of IP has become a part of our legal consciousness, the nature of user interests is unclear. see 2021’s draft on Permitted Uses and its notes ), at the international level they are called/negotiated/lobbied as limitations or/and exceptions (L&Es) (e.g. Section 52: A Multi-monikered provision?

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IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. for copyright infringement under the Copyright Act of 1976.

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The IPKat

NOVEMBER 22, 2023

Here's what they have to say about the evidence session: These large language models infringe copyright at multiple parts of the process: when they collect the information, how they store the information, and how they handle it. Do LLMs Infringe Copyright? The committee explored the question of infringement of copyright by LLMs.

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IP Tech Blog

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Privacy : Evaluation and mitigation of privacy risks associated with the collection, use, and retention of user data. Data Protection and Privacy AI poses important privacy and security risks.

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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.

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43(B)log

NOVEMBER 2, 2021

Copyright preemption: PeopleConnect did a little better. Plaintiffs argued that, because PeopleConnect didn’t own copyright in the yearbooks, it had no standing to assert copyright preemption. Here, it was obvious that yearbook users/purchasers weren’t creators/developers of the yearbooks. But were the claims preempted?

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Velocity of Content

SEPTEMBER 9, 2021

YouTube, an IP Regime unto itself? This is the sixth (and, for now, final) post in this series, where we’ve looked at the copyright requirements and options for digital content creators, such as blogs and podcasts. But what it isn’t is a substitute for a copyright registration. (It Copyright and other “Strikes”.

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Technology & Marketing Law Blog

DECEMBER 31, 2021

” The opinion doesn’t clarify who is depicted in the photos or who owns those photos, other than to note that “Bayside registered its copyrights in the photos on November 2, 2020.” Due to the failed fair use defense, the court orders Twitter to comply with the 512(h) subpoena. Other Blog Posts on 512(h).

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LexBlog IP

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Privacy : Evaluation and mitigation of privacy risks associated with the collection, use, and retention of user data. Data Protection and Privacy AI poses important privacy and security risks.

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TorrentFreak

AUGUST 4, 2023

June 2022 marked the end of a legal battle that despite modest roots, went on to become one of the most interesting copyright cases in recent years. After paying just $47, a shadowy business entity hoped to obtain a DMCA subpoena that would compel Twitter to hand over the personal details of an alleged copyright infringer.

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IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

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LexBlog IP

MARCH 9, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? Is the output of the AI tool protectable by copyright? What are the privacy implications? In the near term, so too will the associated legal issues.

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The IPKat

FEBRUARY 21, 2022

In the meantime, check out the upcoming IP events. Contextualized in a sectorial approach - including areas such as health, fashion, environmental, artificial intelligence, automotive, and food industry - expert panels will consider the challenges and developments in IP case law and legislation that lie ahead.

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LexBlog IP

APRIL 12, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? Is the output of the AI tool protectable by copyright? What are the privacy implications? In the near term, so too will the associated legal issues.

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IPilogue

FEBRUARY 23, 2022

Over the past few years, there has been a rise of copyright strikes purporting to moderate infringing content on YouTube. Although this may protect copyright holders such as musicians and artists, its potential for misuse can frustrate efforts to hold people and institutions accountable , as is the case here.

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The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here. More information and submission guidelines can be found here.

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Intellectual Property Moral Rights Privacy Copyright Infringement 78

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

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IIPRD

JANUARY 28, 2023

It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy. In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law.

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43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Why: Useful way of organizing concerns and showing how they interfere with specific property rights. chattels; IP v. Bruce Boyden: Privacy cases about the privacy torts also do so.

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Technology & Marketing Law Blog

JANUARY 27, 2022

It creates a third asset for creators to sell, in addition to any physical item and the work’s copyright. The extra cash flows from NFTs could spur new creative activity–a win for all of us. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one.

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TorrentFreak

NOVEMBER 3, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. Fraudsters occasionally use false DMCA notices to target competitors. The takedown requests are already shared publicly by Google through the Lumen Database , but these public listings omit privacy-sensitive data.

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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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43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. A: Yes, because we continue to rely on common law privacy torts. Her conclusion: no.

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SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

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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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SpicyIP

JULY 11, 2021

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division. Basheer’s arguments several years ago, when he advocated for specialised IP benches in High courts as opposed to an inept IPAB with limited powers. Justice Prabha Sridevan, who underscored the importance of public interest in IP matters.

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43(B)log

FEBRUARY 22, 2021

District judges can also temporarily sit in on IP high court. Rotations are usually pretty fast but they can stay longer in the IP courts (rotation is throughout the system)—interesting balance. There are other policy concerns about research such as privacy, human subjects rules.

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Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. at greater risk. EARN IT Act. 18, 2022 NetChoice LLC v.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. copyright: (1) Food/chemicals (physicality, unlike ©; easy to establish stringent rules b/c it’s allowed v. 3) competition and (4) digital economy—copyright is potentially an aspect of both of those; DSA also relevant. Copyright holders/fair users?

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LexBlog IP

NOVEMBER 17, 2021

Normally, you don’t need anyone’s permission to use a copyrighted work. Since there’s an exclusive right to public display, you actually need to rely on a version of the first-sale doctrine to display copyrighted works in public. 3 Unless you have some legal excuse or defense, such as, fair use.

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