TorrentFreak

MARCH 25, 2024

Legal scholars, professors, and former government officials, also chimed in. Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.”

Publishing 140

Publishing Copyright Fair Use Intellectual Property Law 140

The IPKat

FEBRUARY 3, 2023

In mid-2022, the UK Intellectual Property Office (IPO) announced that Government would consider broadening the scope for unlicensed TDM activities and introduce a new E&L that would allow TDM for any purpose (including commercial TDM), subject to a lawful access requirement to the relevant copyright works and other protected subject-matter.

Government 141

Government Related Rights Copyright Law 141

TorrentFreak

AUGUST 6, 2021

This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. Case Before the Federal Court in Australia.

Copyright Law 144

Copyright Law Government Copyright Law 144

IP Watchdog

MAY 25, 2023

In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of (..)

Fair Use 71

Fair Use Copyright Intellectual Property Copyright Law 71

IP Law 360

OCTOBER 7, 2022

A trio of attorneys who have experience both in BigLaw and the federal government will be arguing before the U.S. Supreme Court in a copyright dispute over whether Andy Warhol's artwork made fair use of a photo of music legend Prince.

Artwork 75

Artwork Copyright Fair Use Music 75

Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?

Copyright 67

Copyright Government Fair Use Copyright Law 67

TorrentFreak

JUNE 30, 2023

Several rightsholders are worried that their work is being used to train AI without any form of compensation, for example. Governments around the world are taking different approaches, with U.S. government as markets for piracy and counterfeits were present in the data set,” the article added.

Copyright Infringement 139

Copyright Infringement Fair Use Copyright Journalism 139

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. by Dennis Crouch. Goldsmith , Docket No. 21-869 (2022). 569 (1994).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

Plagiarism Today

SEPTEMBER 23, 2021

It is a law that was designed to let humans govern how other humans use content. Un)Fair Use and Other Questions. This hurts uses that, according to most people, would likely be considered a fair use and non-infringing. Even if that use is a probable fair use.

Copyright 282

Copyright Fair Use Copyright Law Law 282

Intepat

JANUARY 8, 2024

OpenAI and Microsoft have used The New York Times’ material without permission and could be deemed infringers under Section 501(a), violating the exclusive rights granted by Section 106. However, the court would need to assess the four fair use factors to determine the legitimacy of this claim.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Patently-O

JANUARY 4, 2024

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The case thus raises questions about the extent to which legal pleadings and motions, as petitions to the government for redress, are protected speech.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

IP Law 360

MARCH 8, 2023

federal judge has agreed to boot a medical device alliance's suit against the federal government over a final rule categorizing device repair as fair use under U.S. copyright law, finding that the government didn't act beyond its authority when it issued the exemption.

Copyright 40

Copyright Fair Use Copyright Law Government 40

The IPKat

NOVEMBER 22, 2023

As the UK Government grapples with how to address the new technological landscape of artificial intelligence, several Committee Inquiries are underway to consider if or how the Government should intervene, including the House of Lords Communications and Digital Committee on Large Language Modules, at which this Kat was invited to provide evidence.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

TorrentFreak

DECEMBER 21, 2022

Opponents of filtering technology warn that fair use and First Amendment rights are at stake. As expected, many rightsholders are in favor of far-reaching, government-backed anti-piracy measures. Many copyright holders expressed their frustration with the current status quo and would like the Government to step in.

Copyright 124

Copyright Fair Use Public Domain Government 124

SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? The authors are third year students at the Hidayatullah National Law University, Raipur.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

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

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

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”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

Fair Use 52

Fair Use Licensing Copyright Editing 52

LexBlog IP

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

Plagiarism Today

OCTOBER 25, 2021

De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.

Music 203

Music Publishing Fair Use Journalism 203

Intepat

JANUARY 25, 2024

This analysis aims to provide a comprehensive understanding of how these technologies defend creators’ rights while raising important questions regarding consumer access and fair use. DRM systems are sophisticated technologies that content providers use to govern how their digital media is used and disseminated.

Technology 52

Technology Copyright Fair Use Intellectual Property 52

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

The IPKat

FEBRUARY 20, 2024

Comment This decision is an interesting early insight into the approach courts might take when dealing with IP rights in virtual / digital scenarios, and particularly striking given the application of a fair use-like exception where no such exception exists in Spain's statutory copyright laws.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” These rules govern which country’s laws apply to a set of facts, activities, or conduct.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

IP Watchdog

MARCH 5, 2023

Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

Copyright 128

Copyright Fair Use Copying Law 128

Velocity of Content

MAY 1, 2024

Noting that both the providers and users of LLMs may be liable for copyright infringements, depending on how the AI systems are used and what is done with their output, the presentation turned to questions of specific rights of both copy right holders and content users. Fair use loomed large among those rights. In the U.S.,

Fair Use 52

Fair Use Copying Licensing Copyright 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. This has important implications for the doctrine of fair use.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

Fair Use 136

Fair Use Privacy Copyright Technology 136

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.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

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.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

IP and Legal Filings

FEBRUARY 15, 2023

However, it is not so and such use will be unauthorized unless and until the permission of the owner has been taken, or he has been referenced or if the information has been made available by the government.

Copyright Law 92

Copyright Law Copyright Law Social Media 92

IP and Legal Filings

OCTOBER 12, 2023

Main Body The subject matter of copyright protection is the literary, artistic, dramatic, musical, and cinematographic films and sound recordings, whichare governed by the Indian Copyright Act, 1957 which allows creators to distribute, reproduce, sell, assign, and display their work by ensuring the protection of their intellectual property.

Copyright 93

Copyright Intellectual Property Ownership Fair Use 93

Michael Geist

MARCH 7, 2023

That’s a fair-use argument.’…Then This where the government is at with Bill C-18. It is effectively a tax on large Internet platforms for the free expression of their users with only tenuous link to compensating news organizations for the “use” of news at all. TikTok doesn’t share news links,’” Simons recalled.

Reporting 89

Reporting Government Fair Use 89

Kashishipr

MAY 25, 2021

However, the content must reflect an expression of something since ideas are not governed under copyright. Blogging and Fair Use. The doctrine of fair use bears substantial importance for blogs since the question of plagiarism may sprout up at regular intervals.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

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.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

Likelihood of Confusion

JULY 12, 2022

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have. The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.

Government 142

Government IP Fair Use Trademark Law 142