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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

Scanning books to create a searchable database of books constitutes fair use. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? Scanning books to create eBooks does not. In Authors Guild v. Google, Inc., (the Google, Inc., (the

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Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

Kashishipr

However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization. It was regarded as being fair and permissible by the court of law. The author needs to prove that the work is an original work of authorship fixed in a tangible medium.

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Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

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Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Kluwer Copyright Blog

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

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Inked in Victory: Kat Von D’s Fair Use Triumph Reshapes Artistic Landscape

Indiana Intellectual Property Law

The jury found that Von D’s tattoo, drawing, and social media posts based on Sedlik’s portrait constituted fair use of the copyrighted work, effectively dismissing the photographer’s claims of infringement. For Von D, the decision marked the end of a two-year legal ordeal.

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Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”

IPilogue

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. And, while one is at it, why not for all intellectual property laws?”. [1]

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Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

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.” Thus, its actions are decidedly not protected by fair use,” their brief reads.