Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

Fair Use 52

Fair Use Licensing Copyright Editing 52

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

LexBlog IP

SEPTEMBER 12, 2023

The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. It is essential to understand the boundaries of Fair Use, especially regarding AI. Licenses also play a pivotal role in this context.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 40

Fair Use Licensing Music Art 40

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. Warhol was never personally a party to the license). 21-869 (2022).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

JIPEL Copyright Blog

MARCH 9, 2022

A collaboration between the AGO and Toronto-based digital artist Alex Mayhew, ReBlink sought to exploit cutting-edge technology to provide AGO visitors an opportunity to experience its Canadian and European Collections in an entirely new way. There are clear advantages to the use of these technologies in the museum context.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

IIPRD

APRIL 8, 2024

Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5]

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

DECEMBER 20, 2023

FlowGpt on the other hand, and creator of “NostalgIA'' using AI, came back with an answer, offering peace, and pointing out the beauty of creativity that new technologies can bring. It is not the first time that the voice of a famous singer is used without their knowledge or consent to create an AI generated hit.

Music 73

Music Social Media Copying Derivative Work 73

Trademark and Copyright Law Blog

APRIL 21, 2021

Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. Justice Breyer, writing for the majority, concluded that Google’s use of the Java code was protected under fair use.

Copying 40

Copying Fair Use Copyright Marketing 40

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.

Copyright 78

Copyright Derivative Work Music Designs 78

Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. Copyright and technology both move society forward. Supporters of fair use point to a U.S.

Licensing 52

Licensing Fair Use Copying Copyright 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

For example, in the “before” image above, the court doesn’t explain the source of the screenshot, what technological conditions it reflects, and how often those conditions will hold in the field. We need to know more about this license. Thus, a court’s hypothesis may have no grounding in reality.

Licensing 88

Licensing Copyright Contracts Advertising 88

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. In Religious Technology Center v. Netcom On-Line Comm. 3d at 1160.

Blogging 95

Blogging Copying Social Media Copyright 95

Patently-O

DECEMBER 11, 2023

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]. Not a single witness provided perspectives from technologists who have developed and work with AI agents. On that point, time will tell.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

Kluwer Copyright Blog

JANUARY 16, 2024

Such case law is interesting for the reconstruction of the technology deployed by Meta and the training methodology (at least from the plaintiff’s perspective) but also because the court has had the chance to preliminarily evaluate the robustness of the claims. Vicarious Copyright Infringement (17 U.S.C. §

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

Technology & Marketing Law Blog

JUNE 17, 2023

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. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Kluwer Copyright Blog

MAY 9, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. As a counterpoint, some commentators note that these tools benefit many artists and content creators, whose interests should be considered when regulating how copyright law tackles these technologies.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

JULY 16, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? This has led to increasing calls for transparency requirements.

Blogging 52

Blogging Law IP Fair Use 52

JIPEL Copyright Blog

MARCH 21, 2022

It is an open legal question whether this would constitute an infringing derivative work. After the #FreeMelee debacle, and as in-person tournaments resumed, Nintendo partnered with Panda Global to launch a licensed Smash Bros. It also modifies the game itself through its netplay and rollback functionality.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Technology & Marketing Law Blog

FEBRUARY 13, 2023

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? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 119

Copyright Blogging Publishing Fair Use 119