Fair Use

Artificial Intelligence (AI), Authorship, European Union, Fair Use, Originality, Text and Data Mining (TDM), United Kingdom, USA

(Potter Clarkson LLP and King's College London)/ /Leave a comment

Copyright protection in machine-generated works is not a new issue for law makers. The traditional concept of human authorship was first challenged with the emergence of photography and this has continued every time a new technology comes about. In the U.S., the case of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) extended copyright…

Artificial Intelligence (AI), European Union, Fair Use, United Kingdom, USA

(University of Milan)/ /2 Comments

Introduction: Generative AI regulatory framework There is a huge debate around Generative AI and the need to regulate such disrupting technology (see here and here). Very different approach has been adopted in the European Union, which is going to introduce by the end of 2023 a EU AI Act (here), in the UK, which is…

Brazil, Fair Use, USA

(Di Blasi, Parente & Associados)/ /Leave a comment

US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc.. v. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Lynn Goldsmith, an esteemed American photographer, captured a significant moment in…

Case Law, Fair Use, Infringement, USA

(Berkeley Law School)/ /Leave a comment

In March 2022 the U.S. Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here). Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article…

Artificial Intelligence (AI), European Union, Exceptions and Limitations, Fair Use, Legislative process, Liability, Text and Data Mining (TDM), USA

(Institute for Information Law (IViR))/ /2 Comments

TLDR   Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular,…

CDSM Directive, Digital Single Market, Exceptions and Limitations, Fair Use, Greece

(Ionian University)/ /Leave a comment

Introduction In November 2022, almost 18 months after the transposition deadline, Law 4996/2022 (Of. Gov. Gaz. A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). In doing so, it amended Law 2121/1993, the…

Case Law, Exceptions and Limitations, Fair Use, Infringement, USA

(Authors Alliance)/ /Leave a comment

This post is based in part on an amicus brief filed by the Harvard Cyberlaw Clinic on behalf of Authors Alliance and ComicMix before the United States Supreme Court in Jack Daniels v. VIP Products. Ordinarily, authors who write parodies look to copyright limitations and exceptions to protect their rights. In the United States, the…

CDSM Directive, European Union, Fair Use, Infringement, Text and Data Mining (TDM), United Kingdom, USA

(Institute for Information Law (IViR))/ /1 Comment

As generative machine learning (ML) systems become more mainstream, the discussion about copyright and ML input is back in the spotlight. At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce…

Fair Use, USA

(Lillick Professor of Law, Stanford Law School)/ /Leave a comment

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use. Also, in a rebuff to claims of…

Case Law, Exceptions and Limitations, Fair Use, Infringement, USA

(Berkeley Law School)/ /Leave a comment

In its landmark 1994 decision Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), the U.S. Supreme Court’s ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning…