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

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Liability and Risk Reduction AI art is already inviting legal actions which makes it a risk, especially when it is being applied for commercial use.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

DECEMBER 20, 2023

Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. If you are the one wondering this, then see Karishma Karthik’s two-part post examining the moral right of integrity and its potential as a tool in protecting the authors posthumously. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. Some have argued in favour of fair use, at least in the US context. It has been contended that use of databases should generally be allowed for training, whether the contents of such database are copyrighted or not.

IP 129

IP Licensing Fair Use Moral Rights 129

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too? Zywicki & Thomas J. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106