Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute.

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Litigation Fair Use Copying Derivative Work 98

LexBlog IP

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. , Koons , 467 F.3d

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Fair Use Cease and Desist Social Media Art 52

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?

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Copyright Fair Use Licensing Ownership 124

Intellectual Property Law Blog

OCTOBER 3, 2023

Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship. Another argument rejected was based on Allen’s suggestion that “fair use” relates to the determination of whether a work is copyrightable.

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Copyright Copyright Law Artistic Work Ownership 147

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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Fair Use Plagiarism Copyright Marketing 90

TorrentFreak

DECEMBER 10, 2021

“Now a shell of its former self and flailing under a new ownership consortium, Miramax has decided to bite the hand that fed it for so many years by bringing this offensively meritless lawsuit.” movie, of course, was Pulp Fiction,” they write. ” Addressing the Allegations. Affirmative Defenses and Relief.

Non-Fungible Tokens 120

Non-Fungible Tokens Cinema Contracts Fair Use 120

Kluwer Copyright Blog

DECEMBER 14, 2022

The InfoSoc Directive’s non-mandatory exception for the “uses in connection with the repair or demonstration of equipment” suggests an avenue for enabling wider access to repair information. It is often prepared and published by either the original equipment manufacturers (OEMs) or third-party publishers. Image by Annie Spratt.

Copyright 101

Copyright Cease and Desist Fair Use Publishing 101

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. A Musical Parody ” and “ Friends!

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Music Derivative Work Fair Use Cease and Desist 104

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.

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Fair Use Copyright Infringement Derivative Work Copyright 49

LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? As many readers know, U.S.

Social Media 52

Social Media Art Fair Use Moral Rights 52

SpicyIP

JULY 29, 2021

The Copyright section of the Report opens by stating that the ‘widely-scoped’ exceptions to infringement under Section 52 pose a ‘detrimental impact on the publishing industry and authors’. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Watering down Section 52(1). Bench decision).

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Copyright Reporting Fair Use Copyright Law 119

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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Ownership Copyright Fair Use Intellectual Property 52

TorrentFreak

MAY 8, 2023

The DMCA notice submitted to GitHub is yet to be officially published, and at the time of writing, the repos haven’t been taken down either. While the prediction concerning key acquisition seems valid, in the unlikely event Nintendo addresses key ownership, licensing agreements would almost certainly tilt in favor of the gaming company.

Copying 122

Copying Copyright Licensing Fair Use 122

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

Copyright 97

Copyright Copyright Law Ownership Copyright Infringement 97

IIPRD

JUNE 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. Copyrights Any original work created by any creator from an intellectual activity published in any form or medium will get automatic protection under copyright.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

LexBlog IP

OCTOBER 3, 2023

Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship. In response, Thaler filed a complaint in the district court challenging the denial of his copyright application.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

Larson & Larson

JUNE 21, 2021

However, ineligible works that can’t be copyrighted include phrases, unwritten or unrecorded speeches, short titles, and even works that are deemed common property, thus lacking original ownership, an example being a calendar. How Long Does Copyright Protection Last? The duration of copyright protection is often date and fact-sensitive.

Copyright Infringement 52

Copyright Infringement Copyright Law Copyright Law 52

SpicyIP

MAY 18, 2022

A list of trademarks applied for in the EU for ‘ downloadable virtual goods’ and ‘online virtual services’ was recently published by The IPKat here. In the US too, several companies are protecting their trademarks for similar goods and services.

Non-Fungible Tokens 106

Non-Fungible Tokens Trademark Artwork Art 106

Kluwer Copyright Blog

OCTOBER 17, 2023

For this purpose, providers should publish a sufficiently detailed summary of the use of training data protected under copyright law. Secondly, para. Some strong pressure from rightsholders can surely be expected in this regard on this side of the Atlantic as well.

Copyright 118

Copyright Art Copyright Law Licensing 118

SpicyIP

JULY 5, 2021

But did he actually have a patent granted in 2019 (as stated by the CPIO) for an invention disclosed in a thesis that was published the same year? Therefore, no discretion lies with the university to (not) publish it. JMI’s research policy, IPR Policy, and ordinance are silent on the ownership of Copyright in the thesis.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

43(B)log

FEBRUARY 3, 2023

In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers.

Copyright 59

Copyright Copying Music Fair Use 59

SpicyIP

OCTOBER 14, 2024

Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods.

Trademark 86

Trademark Registering Trademarks IP Copyright 86

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”). from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records. Implications.

Licensing 84

Licensing Copyright Contracts Advertising 84

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation. Very few publishers print in all these formats.

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Copyright Art Copying Editing 40

43(B)log

FEBRUARY 4, 2023

Hughes: if publisher can’t get sequel rights, then it will insist on getting the film rights and impoverish authors. Gena Feist: you might look at whether they were added to the master ownership/composition ownership as a way of detecting settlement. Said: ownership records; interview a few repeat players. public domain.

Copyright 64

Copyright Editing Settlement Music 64

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. This Statute aimed at bringing about a more equitable platform for both the authors and the publishers, and also encourage the “dissemination of knowledge”. In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Velocity of Content

AUGUST 13, 2024

Federal government creates or any materials too old to qualify for copyright protection (currently those registered or published in 1926 or earlier, though this date gets one year later each January 1). While uncommon, publishers have sued school districts for copyright infringement. ELA curriculum is illustrative.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

What made it truly groundbreaking was that instead of naming the publisher, it changed to name the author as the true holder of the copyright, effectively bringing an end to three centuries’ monopoly of the Stationers’ Company in England. Thus, tattoos also come under the ambit of the Section 13(1) of the Copyright Act. In Alexander v.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Technology & Marketing Law Blog

MARCH 29, 2023

He explains : “ My use of facts was from a database that originally was partially under my copyright authorship and published online and viewable via the content taken down since 2021, and the database was then used with written permission to populate the one viewable from the content as it was when taken down.” 2020), cert.

Blogging 91

Blogging Fair Use Copyright Copyright Notice 91

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

TorrentFreak

APRIL 12, 2024

The latter simply cannot exist without the former; the big legal debate seems to hang on whether consumption was protected under the doctrine of fair use, or was straightforward copyright infringement. If the court finds in favor of fair use, it seems likely that no copyright holders will receive compensation.

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Copyright Music Fair Use Reporting 95

Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. We have previously written about this issue here and here.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

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. ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers.

Blogging 124

Blogging Licensing Privacy Copyright Notice 124

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. See Harper & Row, Publishers, Inc. Nation Enters., 539, 546, 105 S.Ct. 2218, 85 L.Ed.2d

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. We have previously written about this issue here and here.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. We have previously written about this issue here and here.

Copyright 52

Copyright Intellectual Property Fair Use IP 52