Showing posts with label copyright infringement. Show all posts
Showing posts with label copyright infringement. Show all posts

Wednesday, March 27, 2024

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."

Sunday, March 24, 2024

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

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."

Thursday, March 14, 2024

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

 , 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 GitHuba platform that lets developers publicly share their code. The news was first reported last week by 404 Media."

Thursday, March 7, 2024

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.”"

Monday, February 12, 2024

On Copyright, Creativity, and Compensation; Reason, February 12, 2024

, Reason; On Copyright, Creativity, and Compensation

"Some of you may have seen the article by David Segal in the Sunday NY Times several weeks ago [available here] about a rather sordid copyright fracas in which I have been embroiled over the past few months...

What to make of all this? I am not oblivious to the irony of being confronted with this problem after having spent 30 years or so, as a lawyer and law professor, reflecting on and writing about the many mysteries of copyright policy and copyright law in the Internet Age.

Here are a few things that strike me as interesting (and possibly important) in this episode."

Tuesday, December 12, 2023

Grinch-themed Christmas photos look fun, could have serious legal consequences, experts say; USA Today, December 11, 2023

Mary Walrath-Holdridge, USA Today ; Grinch-themed Christmas photos look fun, could have serious legal consequences, experts say

"Dr. Seuss Enterprises, the company that owns all of the properties belonging to the late Theodor Seuss Geisel, is reportedly known for fiercely protecting its intellectual property. Warnings on the topic appear regularly on social media sites, such as one posted last week by a Knoxville, Tennessee photographer who explained why she avoids doing Grinch-themed shoots, even though she is asked about them yearly...

"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," she said, alleging that the company has a team dedicated to scouring the internet for these infringements.

"Several years ago, a photographer offered Grinch mini sessions and her post went viral. Like, super viral. She was slapped with a lawsuit almost immediately annnnddd…. she lost. Copyright infringement is not a joke," the post continues."

Saturday, October 28, 2023

An AI engine scans a book. Is that copyright infringement or fair use?; Columbia Journalism Review, October 26, 2023

 MATHEW INGRAM, Columbia Journalism Review; An AI engine scans a book. Is that copyright infringement or fair use?

"Determining whether LLMs training themselves on copyrighted text qualifies as fair use can be difficult even for experts—not just because AI is complicated, but because the concept of fair use is, too."

Thursday, October 5, 2023

Flo Rida, Old Lawsuits & ‘Raging Bull’: Supreme Court’s Big Music Copyright Case Explained; Billboard, October 3, 2023

BILL DONAHUE, Billboard; Flo Rida, Old Lawsuits & ‘Raging Bull’: Supreme Court’s Big Music Copyright Case Explained

"The phrases “retroactive relief” and “three-year lookback period” might make your eyes glaze over, but the Warner v. Nealy case has big implications for copyright-heavy industries like music....

“Without a clear national rule setting the temporal limits of recoverable damages, amici and their members face serious uncertainty.”"

Monday, September 18, 2023

Four large US publishers sue ‘shadow library’ for alleged copyright infringement; The Guardian, September 15, 2023

, The Guardian ; Four large US publishers sue ‘shadow library’ for alleged copyright infringement

"Four leading US publishers have sued an online “shadow library” that allows visitors to download textbooks and other copyrighted materials free.

Cengage, Macmillan Learning, McGraw Hill and Pearson Education filed the suit against Library Genesis, also known as LibGen, in Manhattan federal court, citing “extensive violations” of copyright law.

LibGen operates a collection of different domains that allow users to search for and download pdf versions of books. The suit, filed on Thursday, said LibGen holds more than 20,000 files published by the four suing companies."

Tuesday, September 12, 2023

Internet Archive Files Appeal in Copyright Infringement Case; Publishers Weekly, September 11, 2023

 Andrew Albanese, Publishers Weekly ; Internet Archive Files Appeal in Copyright Infringement Case

"As expected, the Internet Archive this week submitted its appeal in Hachette v. Internet Archive, the closely-watched copyright case involving the scanning and digital lending of library books.

In a brief notice filed with the court, IA lawyers are seeking review by the Second Circuit court of appeals in New York of the "August 11, 2023 Judgment and Permanent Injunction; the March 24, 2023 Opinion and Order Granting Plaintiffs’ Motion for Summary Judgment and Denying Defendant’s Motion for Summary Judgment; and from any and all orders, rulings, findings, and/or conclusions adverse to Defendant Internet Archive."

The notice of appeal comes right at the 30-day deadline—a month to the day after judge John G. Koeltl approved and entered a negotiated consent judgment in the case which declared the IA's scanning and lending program to be copyright infringement, as well as a permanent injunctionthat, among its provisions, bars the IA from lending unauthorized scans of the plaintiffs' in-copyright, commercially available books that are available in digital editions."

Thursday, September 7, 2023

Sony copyright claims for Bewitched spell trouble for group that preserves old TV [Updated]; Are Technica, September 5, 2023

  , Ars Technica; Sony copyright claims for Bewitched spell trouble for group that preserves old TV [Updated]

"[Update at 6:56 pm ET: It looks like Rick Klein will be able to keep the YouTube channel running. Sony's copyright office emailed Klein after this article was published, saying it would "inform MarkScan to request retractions for the notices issued in response to the 27 full-length episode postings of Bewitched" in exchange for "assurances from you that you or the Fuzzy Memories TV Channel will not post or re-post any infringing versions from Bewitched or other content owned or distributed by SPE [Sony Pictures Entertainment] companies."

Sony said it's taking that step because "this is the first time we have become aware of your YouTube Channel posting unauthorized versions of SPE-distributed content, and the unique circumstances therein." However, Sony told Klein that his channel must remove "similarly infringing posts for other SPE-distributed shows," pointing out that he had posted episodes from other Sony shows.]

Original story: A nonprofit that preserves classic television videos may have its YouTube channel shut down tomorrow over copyright claims for Bewitched episodes that originally aired in the 1960s.

The Museum of Classic Chicago Television has about 5,000 videos, including many decades-old commercials and news shows, posted on its YouTube channel and its own Fuzzy Memories website. President and chief curator Rick Klein's "quest to save vintage Chicago TV shows and commercials" was featured in a WBEZ storytwo years ago.

But after 16 years of Klein and his group, who rely on donors and volunteers, archiving old videos, the TV museum's YouTube channel on August 30 received six copyright strikes for posting 27 Bewitched episodes owned by Sony Pictures Television. Copyright complaints were sent by MarkScan, a "digital asset protection" firm that content owners hire to enforce copyrights. MarkScan has been sending copyright complaints on Sony's behalf since at least 2014.

Klein told Ars today that he's not opposed to the Bewitched videos' deletion and that he has no intention of reposting them. But over the past few days he has been trying to reach anyone at MarkScan or Sony who can reverse the copyright strikes so he can continue the Museum of Classic Chicago Television's YouTube channel."

Thursday, August 17, 2023

Judgment Entered in Publishers, Internet Archive Copyright Case; Publishers Weekly, August 14, 2023

  Andrew Albanese, Publishers Weekly; Judgment Entered in Publishers, Internet Archive Copyright Case

"More than four months after a federal judge found the Internet Archive liable for copyright infringement for its program to scan and lend library books, the parties have delivered a negotiated agreement for a judgment to be entered in the case. But a final resolution in the case could still be many months, if not years, away, as Internet Archive officials have vowed to appeal.

The jointly proposed agreement includes a declaration that cements the key finding from Judge John G. Koeltl’s March 24 summary judgment decision: that the IA's unauthorized scanning and lending of the 127 in-suit copyrighted books under a novel protocol known as “controlled digital lending” constitutes copyright infringement, including in the IA's controversial "National Emergency Library" (under which the IA temporarily allowed for simultaneous access to its collections of scans in the the early days of the pandemic, when schools and libraries were shuttered).

The proposed agreement also includes a permanent injunction that would, among its provisions, bar the IA’s lending of unauthorized scans of the plaintiffs' in-copyright, commercially available books, as well as bar the IA from “profiting from” or “inducing” any other party’s “infringing" copying, distribution, or display of the the plaintiffs' books "in any digital or electronic form.” Under the agreement, the injunction will not be stayed while the case is on appeal—essentially meaning that once notified the IA will have to stop making unauthorized scans of the plaintiff Publishers' copyrighted works available to be borrowed. Meanwhile, AAP officials said a "side agreement" with the IA will motivate the IA to similarly resolve issues with other non-plaintiff AAP member publishers. 

The parties left one final dispute for Koeltl to clean up, however: what books will be “covered” by the proposed injunction?"

Tuesday, August 1, 2023

Webb Wright , The Drum; What you need to know about the copyright issues surrounding generative AI; The Drum, August 1, 2023

Webb Wright , The Drum; What you need to know about the copyright issues surrounding generative AI

"“The basic question of whether or not an AI using copyrighted work constitutes copyright infringement is for now an open issue,” says patent attorney Robert McFarlane. Ultimately, McFarlane believes that some uses of generative AI will be deemed to constitute copyright infringement, while others won’t. “These cases that are just starting now are going to try to draw that line,” he says."

Judgment Phase of Internet Archive Copyright Case Appears Imminent; Publishers Weekly, August 1, 2023

 Andrew Albanese, Publishers Weekly; Judgment Phase of Internet Archive Copyright Case Appears Imminent

"It's now been more than four months since a federal judge found the Internet Archive liable for copyright infringement for its program to scan and lend library books. But after a court order late last week, the parties finally appear headed toward the judgment phase of the litigation.

Since the verdict, the parties have (per the court's order) been conferring over the contours an "appropriate procedure to determine the judgment to be entered in the case." And after numerous extensions through the spring and summer, judge John G. Koeltl appears to have run out of patience. In a July 28 order, Koeltl gave the parties until August 11 to deliver their recommendations, adding "no more extensions."

Tuesday, July 25, 2023

The Generative AI Battle Has a Fundamental Flaw; Wired, July 25, 2023

  , Wired; The Generative AI Battle Has a Fundamental Flaw

"At the core of these cases, explains Sag, is the same general theory: that LLMs “copied” authors’ protected works. Yet, as Sag explained in testimony to a US Senate subcommittee hearing earlier this month, models like GPT-3.5 and GPT-4 do not “copy” work in the traditional sense. Digest would be a more appropriate verb—digesting training data to carry out their function: predicting the best next word in a sequence. “Rather than thinking of an LLM as copying the training data like a scribe in a monastery,” Sag said in his Senate testimony, “it makes more sense to think of it as learning from the training data like a student.”...

Ultimately, though, the technology is not going away, and copyright can only remedy some of its consequences. As Stephanie Bell, a research fellow at the nonprofit Partnership on AI, notes, setting a precedent where creative works can be treated like uncredited data is “very concerning.” To fully address a problem like this, the regulations AI needs aren't yet on the books."

Saturday, July 8, 2023

Poet and translator to sue British Museum for copyright and moral rights infringement; The Art Newspaper, July 7, 2023

 Anny Shaw, The Art Newspaper; Poet and translator to sue British Museum for copyright and moral rights infringement

"Sharples notes that the legal case will not only focus on copyright, but also Wang’s moral rights, in particular the right to attribution—or the right to be named or identified as the author."

Wednesday, June 28, 2023

International Copyright Issues and Artificial Intelligence; U.S. Copyright Office, Webinar: Wednesday, July 26, 2023, 11:00 a.m.–1:00 p.m. eastern time

 U.S. Copyright Office; International Copyright Issues and Artificial Intelligence Webinar

"The United States is not alone in facing challenging questions about artificial intelligence and its implications for copyright law and policy. On July 26, 2023, join the Copyright Office for a discussion on global perspectives on copyright and AI. Leading international experts will discuss how other countries are approaching copyright questions such as authorship, training, exceptions and limitations, and infringement. They will provide an overview of legislative developments in other regions and highlight possible areas of convergence and divergence involving generative AI.

This webinar is a part of the Copyright Office’s initiative to examine copyright law and policy issues raised by AI technology, including the scope of copyright in works generated using AI tools and the use of copyrighted materials in AI training. For more on copyright and AI, visit copyright.gov/ai.

Time: July 26, 2023, 11:00 a.m.–1:00 p.m. eastern time

Speakers:

  • Jane Ginsburg, Columbia Law School
  • Andres Guadamuz, University of Sussex
  • Bernt Hugenholtz, University of Amsterdam
  • Matthew Sag, Emory University School of Law
  • Luca Schirru, KU Leuven
  • Marcus von Welser, Vossius
  • Raquel Xalabarder Plantada, Universitat Oberta de Catalunya
  • Shlomit Yanisky-Ravid, Ono Academic College
  • Peter Yu, Texas A&M University School of Law"

Thursday, June 22, 2023

British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement; ArtNews, June 21, 2023

Karen K. Ho,  ArtNews; British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement

"The British Museum has removed translations of poetry by a Chinese revolutionary from one of its exhibitions after a translator alleged that her work was used without permission or payment. 

Vancouver-based editor, poet, and translator Yilin Wang said she did not receive any credit or reimbursement for their translations when they appeared in “China’s Hidden Century,” which opened on May 18 and includes translations of poetry by Qiu Jin, a feminist and revolutionary that the New York Times dubbed “China’s Joan of Arc.”...

On June 21, the British Museum’s spokesperson sent ARTnews a statement that said, “Recently we realised that permissions and acknowledgement for a translation by Yilin Wang had been inadvertently omitted from our exhibition China’s hidden century. This was an unintentional human error for which the Museum has apologised to Yilin Wang.”

The statement confirmed that the museum listened to Wang’s request to take down their translations in the exhibition. “We have also offered financial payment for the period the translations appeared in the exhibition as well as for the continued use of quotations from their translations in the exhibition catalogue. The catalogue includes an acknowledgement of their work. We continue to be in discussion with Yilin Wang.”

The museum’s statement also called the criticism its staff has recently received on social media “unacceptable,” noting, “It is through their scholarship and efforts, and those of their collaborators, that we have been able to present this period of Chinese history, through people-centred stories, to the thousands visiting the China’s hidden century temporary exhibition at the British Museum. We stand behind our colleagues fully and request those responsible for these personal attacks to desist as we work with Yilin Wang to resolve the issues they have raised concerning the use of their translations within the exhibition.”"