Nosferatu (1922) Dracula Copyright Infringement Story Explained; Screen Rant, January 8, 2025

By Shaurya Thapa & Fellipe Silva Santos, Screen Rant; 

Nosferatu (1922) Dracula Copyright Infringement Story Explained

"Copyright was a big thing even back in 1922 when Nosferatu came out."

Grinch-themed holiday photos may be copyright infringement. What to know.; USA Today, December 9, 2024

Max HauptmanMary Walrath-Holdridge, USA Today; Grinch-themed holiday photos may be copyright infringement. What to know.

"As the holidays approach, family photographers should keep in mind one fact − copyright laws do exist, and they can be enforced.

Last year, a photographer in Knoxville, Tennessee, took to social media to note that holiday-themed photo shoots using popular pop culture icons like The Grinch of Dr. Seuss fame could be subject to violations of copyright laws.

"Friendly reminder that shooting Grinch-themed photo sessions FOR A PROFIT (that’s the important part… if you’re not charging a fee you’re good) is federal trademark infringement," Tennessee photographer Anna Smith wrote in a since-deleted Facebook post."

Internet Archive Copyright Case Ends Without Supreme Court Review; Publishers Weekly, December 5, 2024

 Andrew Albanese, Publishers Weekly; Internet Archive Copyright Case Ends Without Supreme Court Review

"After more than four years of litigation, a closely watched copyright case over the Internet Archive’s scanning and lending of library books is finally over after Internet Archive officials decided against exercising their last option, an appeal to the Supreme Court. The deadline to file an appeal was December 3.

With a consent judgment already entered to settle claims in the case, the official end of the litigation now triggers an undisclosed monetary payment to the plaintiff publishers, which, according to the Association of American Publishers, will “substantially” cover the publishers’ attorney fees and costs in the litigation."

Cuban citizen convicted in U.S. streaming piracy scheme; UPI, November 16, 2024

Mike Heuer , UPI; Cuban citizen convicted in U.S. streaming piracy scheme

"A federal jury in Las Vegas found Yoany Vaillant guilty of conspiring to commit criminal copyright infringement for his work on behalf of illegal streamer Jetflicks.

Vaillant, 43, is a Cuban citizen and knows 27 computer programming languages, which he used to streamline the subscription-based but illegal Jetflicks content for its subscribers who were located throughout the United States, the Department of Justice announced in a news release Friday...

Jetflicks is headquartered in Las Vegas and claimed to have 183,285 copyrighted episodes of television programming, which is much more than Netflix, Hulu, Amazon Prime and any other streaming services.

Prosecutors provided evidence showing Vaillant and seven co-conspirators scoured pirate sites located around the world to access and download its extensive library of streaming titles without obtaining permission or paying respective copyright holders...

"The vast scale of Jetflicks' piracy affected every significant copyright owner of a television program in the United States," the DOJ said.

The illegal streaming caused "millions of dollars of losses to the U.S. television show and streaming industries," the agency said.

Vaillant was among eight defendants indicted in the U.S. District Court for Eastern Virginia in 2019."

Icelandic Fishing Giant Wins Copyright Case Against Artist; artnet, November 14, 2024

 Jo Lawson-Tancred , artnet; Icelandic Fishing Giant Wins Copyright Case Against Artist

"The work by the artist known as Odee had publicly impersonated Iceland’s biggest fishing company Samherji, issuing a fake apology for its role in the so-called “fishrot” corruption scandal of 2019. In his ruling, the judge described the artwork as “an instrument of fraud, copyright infringement, and malicious falsehood.”

The case never went to trial but the artist said he plans to appeal the judgement. His defenders have argued that any punitive action taken against him could result in a “chilling effect” that discourages artist’s from daring to critique big corporations for fear of legal action.

Samherji sued Odee, the moniker for 41-year-old Icelandic artist Oddur Fridriksson, over We’re Sorry (2023), for which Odee created the website samherji.co.uk, imitating the company’s brand identity. On this platform, he issued the statement: “Samherji Apologizes, Pledges Restitution and Cooperation with Authorities.”

In Samherji’s complaint filed in London’s high court, it accused Odee of trademark infringement and malicious falsehood. The company’s lawyers applied for a summary judgement to avoid a trial."

What’s Happening with AI and Copyright Law; JD Supra, November 4, 2024

AEON Law, JD Supra; What’s Happening with AI and Copyright Law

"Not surprisingly, a lot is happening at the intersection of artificial intelligence (AI) and intellectual property (IP) law.

Here’s a roundup of some recent developments in the area of copyright law and AI.

Copyright Office Denies AI Security Research Exemption under DMCA...

Former OpenAI Employee Says It Violates Copyright Law...

Blade Runner Production Company Sues Tesla for AI-Aided Copyright Infringement"

Library cancels Harry Potter programming over copyright issue; Buckrail, October 4, 2024

Marianne Zumberge, Buckrail; Library cancels Harry Potter programming over copyright issue

"It’s a sad day for little witches and wizards in Jackson Hole. The Teton County Library’s (TCL) slate of Harry Potter programming has been canceled due to copyright infringement. 

TCL announced the news on Wednesday, Oct. 2. TCL said it had received a cease-and-desist letter from Warner Bros. Entertainment Inc., which owns and controls all things Potter.

“Prior to receiving the letter, Library staff was unaware that this free educational event was a copyright infringement,” TCL’s announcement reads. “In the past, libraries had been encouraged to hold Harry Potter-themed events to promote the books as they were released.”

Three events had been planned for October: A Night at Hogwarts, Harry Potter Trivia for Adults and Harry Potter Family Day."

Even Free Libraries Come With a Cost; The National Law Review, September 13, 2024

 Anisa Noorassa of McDermott Will & Emery , The National Law Review; Even Free Libraries Come With a Cost

"The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the copyrighted books. Hachette Book Group Inc. v. Internet Archive, Case No. 23-1260 (2d Cir. Sept. 4, 2024) (Menashi, Robinson, Kahn, JJ.).

Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House (collectively, the publishers) brought suit against Internet Archive alleging that its “Free Digital Library,” which loans copies of the publishers’ books without charge, violated the publishers’ copyrights. Internet Archive argued that its use of the publishers’ copyrighted material fell under the fair use exception to the Copyright Act because Internet Archive acquired physical books and digitized them for borrowing (much like a traditional library) and maintained a 1:1 ratio of borrowed material to physical copies except for a brief period during the COVID-19 pandemic.

The district court reviewed the four statutory fair use factors set forth in § 107 of the Copyright Act:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• The effect of the use upon the potential market for or value of the copyrighted work.

The district court found that Internet Archive’s use of the works was not covered by the fair use exception because its use was non-transformative, was commercial in nature due to its solicitation of donations, and was disruptive of the market for e-book licenses. Internet Archive appealed.

The Second Circuit affirmed, addressing each factor in turn."

The Internet Archive Loses Its Appeal of a Major Copyright Case; Wired, September 4, 2024

Kate Knibbs, Wired; The Internet Archive Loses Its Appeal of a Major Copyright Case

"THE INTERNET ARCHIVE has lost a major legal battle—in a decision that could have a significant impact on the future of internet history. Today, the US Court of Appeals for the Second Circuit ruled against the long-running digital archive, upholding an earlier ruling in Hachette v. Internet Archive that found that one of the Internet Archive’s book digitization projects violated copyright law.

Notably, the appeals court’s ruling rejects the Internet Archive’s argument that its lending practices were shielded by the fair use doctrine, which permits for copyright infringement in certain circumstances, calling it “unpersuasive.”"

Philip Glass Says Crimean Theater Is Using His Music Without Permission; The Daily Beast, July 25, 2024

 Clay Walker, The Daily Beast; Philip Glass Says Crimean Theater Is Using His Music Without Permission

"Legendary American composer Philip Glass had some harsh words after learning that a theater in Russian-annexed Crimea plans to use his music and name as part of a new show. In a letter posted to X, Glass explained that he had learned a new ballet called Wuthering Heights is set to open at the Sevastopol Opera and Ballet Theater—using works he had penned without his consent. “No permission for the use of my music in the ballet or the use of my name in the advertising and promotion of the ballet was ever requested of me or given by me. The use of my music and the use of my name without my consent is in violation of the Berne Convention for the Protection of Literary and Artistic works to which the Russian Federation is a signatory. It is an act of piracy,” Glass wrote."

Internet Archive forced to remove 500,000 books after publishers’ court win; Ars Technica, June 21, 2024

ASHLEY BELANGER, Ars Technica; Internet Archive forced to remove 500,000 books after publishers’ court win

"As a result of book publishers successfully suing the Internet Archive (IA) last year, the free online library that strives to keep growing online access to books recently shrank by about 500,000 titles.

IA reported in a blog post this month that publishers abruptly forcing these takedowns triggered a "devastating loss" for readers who depend on IA to access books that are otherwise impossible or difficult to access.

To restore access, IA is now appealing, hoping to reverse the prior court's decision by convincing the US Court of Appeals in the Second Circuit that IA's controlled digital lending of its physical books should be considered fair use under copyright law."

Original sins and dirty secrets: GenAI has an ethics problem. These are the three things it most urgently needs to fix; Fortune, June 27, 2024

 SAGE LAZZARO, Fortune; Original sins and dirty secrets: GenAI has an ethics problem. These are the three things it most urgently needs to fix

"The ethics of generative AI has been in the news this week. AI companies have been accused of taking copyrighted creative works without permission to train their models, and there’s been documentation of those models producing outputs that plagiarize from that training data. Today, I’m going to make the case that generative AI can never be ethical as long as three issues that are currently inherent to the technology remain. First, there’s the fact that generative AI was created using stolen data. Second, it’s built on exploitative labor. And third, it’s exponentially worsening the energy crisis at a pivotal time when we need to be scaling back, not accelerating, our energy demands and environmental impact."

How to Fix “AI’s Original Sin”; O'Reilly, June 18, 2024

 Tim O’Reilly, O'Reilly; How to Fix “AI’s Original Sin”

"In conversation with reporter Cade Metz, who broke the story, on the New York Times podcast The Daily, host Michael Barbaro called copyright violation “AI’s Original Sin.”

At the very least, copyright appears to be one of the major fronts so far in the war over who gets to profit from generative AI. It’s not at all clear yet who is on the right side of the law. In the remarkable essay “Talkin’ ’Bout AI Generation: Copyright and the Generative-AI Supply Chain,” Cornell’s Katherine Lee and A. Feder Cooper and James Grimmelmann of Microsoft Research and Yale note:

Copyright law is notoriously complicated, and generative-AI systems manage to touch on a great many corners of it. They raise issues of authorship, similarity, direct and indirect liability, fair use, and licensing, among much else. These issues cannot be analyzed in isolation, because there are connections everywhere. Whether the output of a generative AI system is fair use can depend on how its training datasets were assembled. Whether the creator of a generative-AI system is secondarily liable can depend on the prompts that its users supply.

But it seems less important to get into the fine points of copyright law and arguments over liability for infringement, and instead to explore the political economy of copyrighted content in the emerging world of AI services: Who will get what, and why?"

Using AI to Create Content? Watch Out for Copyright Violations; Chicago Business Attorney Blog, June 20, 2024

George Bellas , Chicago Business Attorney Blog; Using AI to Create Content? Watch Out for Copyright Violations

"Businesses using generative AI programs like ChatGPT to create any content—whether for blogs, websites or other marketing materials, and whether text, visuals, sound or video—need to ensure that they’re not inadvertently using copyrighted materials in the process.

Clearly, the times they are a changing….and businesses need to adapt to the changes.  Employers should promulgate messages to their employees and contractors updating their policy manuals to ensure that communications professionals and others crafting content are aware of the risks of using AI-generated materials, which go beyond the possibility that they are “hallucinated” rather than factual—although that’s worth considering, too."

A classical composer just brought down a Chinese state-run YouTube channel over copyright infringement; Fast Company, June 17, 2024

CHRIS STOKEL-WALKER, Fast Company ; A classical composer just brought down a Chinese state-run YouTube channel over copyright infringement

"Despite the fact that CCTV-6’s YouTube channel, which hosted 22,000 videos and had 2.5 million followers, had received more than the three copyright strikes that would ordinarily result in a termination (or permanent ban of the account), YouTube didn’t take action beyond confirming to Muzzey that the infringing content wouldn’t be reinstated. “YouTube is immunizing CCTV-6 against my claims, even though I have an email directly from them saying, ‘We know this is false. We’re doing it to buy some time,’” he claims. (YouTube declined to comment for this story.)

Not terminating CCTV-6’s channel appeared to be in violation of YouTube’s own rules—and crucially allowed the TV network to continue to upload new content. That was the status quo, until Muzzey asked his litigation counsel to send a legal notice to YouTube pointing out the breaches of copyright law. Two days later, after the litigation counsel presented the same evidence Muzzey did, YouTube took the channel down entirely."

Amicus Briefs Filed in Internet Archive Copyright Case; Publishers Weekly, March 25, 2024

Andrew Albanese , Publishers Weekly; Amicus Briefs Filed in Internet Archive Copyright Case

"Internet Archive lawyers filed their principal appeal brief on December 15, and 11 amicus briefs were filed in support of the Internet Archive a week later, in December, representing librarians and library associations, authors, public advocacy groups, law professors, and IP scholars, although some of the IA amicus briefs are presented as neutral.

The briefs are the latest development in the long-running copyright infringement case and come a year after a ruling by judge John G. Koeltl on March 24, 2023 that emphatically rejected the IA’s fair use defense, finding the scanning and lending of print library books under a protocol known as “controlled digital lending” to be copyright infringement.

The Internet Archive’s reply brief is now due on April 19, and oral arguments are expected to be set for this fall."

Generative AI could leave users holding the bag for copyright violations; The Conversation, March 22, 2024

Anjana Susarla, Professor of Information Systems, Michigan State University , The Conversation; ; Generative AI could leave users holding the bag for copyright violations

"How to build guardrails

Legal scholars have dubbed the challenge in developing guardrails against copyright infringement into AI tools the “Snoopy problem.” The more a copyrighted work is protecting a likeness – for example, the cartoon character Snoopy – the more likely it is a generative AI tool will copy it compared to copying a specific image."

C-e-a-s-e and desist: 'The New York Times' goes after Wordle spinoffs; NPR, March 13, 2024

Joe Hernandez , NPR; C-e-a-s-e and desist: 'The New York Times' goes after Wordle spinoffs

"The New York Times has sent takedown notices to "hundreds" of coders who've made clones of the popular word game, Wordle.

Wordle is a hit online sensation where players have to guess a five-letter word in six tries. Since the newspaper bought it in 2022 from creator Welsh software engineer Josh Wardle, the word game has spawned a litany of spinoffs, from the more complex Quordle to the irreverent Sweardle.

Now, the Times is accusing some Wordle clone creators of copyright infringement violations and asking that their code be removed from the website GitHub, a platform that lets developers publicly share their code. The news was first reported last week by 404 Media."

Introducing CopyrightCatcher, the first Copyright Detection API for LLMs; Patronus AI, March 6, 2024

Patronus AI; Introducing CopyrightCatcher, thefirst Copyright Detection API for LLMs

"Managing risks from unintended copyright infringement in LLM outputs should be a central focus for companies deploying LLMs in production.

• On an adversarial copyright test designed by Patronus AI researchers, we found that state-of-the-art LLMs generate copyrighted content at an alarmingly high rate 😱
• OpenAI’s GPT-4 produced copyrighted content on 44% of the prompts.
• Mistral’s Mixtral-8x7B-Instruct-v0.1 produced copyrighted content on 22% of the prompts.
• Anthropic’s Claude-2.1 produced copyrighted content on 8% of the prompts.
• Meta’s Llama-2-70b-chat produced copyrighted content on 10% of the prompts.
• Check out CopyrightCatcher, our solution to detect potential copyright violations in LLMs. Here’s the public demo, with open source model inference powered by Databricks Foundation Model APIs. 🔥

LLM training data often contains copyrighted works, and it is pretty easy to get an LLM to generate exact reproductions from these texts1. It is critical to catch these reproductions, since they pose significant legal and reputational risks for companies that build and use LLMs in production systems2. OpenAI, Anthropic, and Microsoft have all faced copyright lawsuits on LLM generations from authors3, music publishers4, and more recently, the New York Times5.

To check whether LLMs respond to your prompts with copyrighted text, you can use CopyrightCatcher. It detects when LLMs generate exact reproductions of content from text sources like books, and highlights any copyrighted text in LLM outputs. Check out our public CopyrightCatcher demo here!

Researchers tested leading AI models for copyright infringement using popular books, and GPT-4 performed worst; CNBC, March 6, 2024

Hayden Field, CNBC; Researchers tested leading AI models for copyright infringement using popular books, and GPT-4 performed worst

"The company, founded by ex-Meta researchers, specializes in evaluation and testing for large language models — the technology behind generative AI products.

Alongside the release of its new tool, CopyrightCatcher, Patronus AI released results of an adversarial test meant to showcase how often four leading AI models respond to user queries using copyrighted text.

The four models it tested were OpenAI’s GPT-4, Anthropic’s Claude 2, Meta’s Llama 2 and Mistral AI’s Mixtral.

“We pretty much found copyrighted content across the board, across all models that we evaluated, whether it’s open source or closed source,” Rebecca Qian, Patronus AI’s cofounder and CTO, who previously worked on responsible AI research at Meta, told CNBC in an interview.

Qian added, “Perhaps what was surprising is that we found that OpenAI’s GPT-4, which is arguably the most powerful model that’s being used by a lot of companies and also individual developers, produced copyrighted content on 44% of prompts that we constructed.”"