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Preliminary Copyright Office Guidance on Fair Use and AI Provides Some Answers, But Questions Remain

Debevoise Data Blog

There are dozens of cases pending against AI developers stemming from their use of copyrighted works to train generative AI models. In response, developers have uniformly asserted that such use is a fair use. The new Registrar could revise the report, or never make it official in any form. Many uses, however, will fall somewhere in between. [2]

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Eric Goldman

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. On appeal, the Second Circuit vacates the account transfers to JLM.

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Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande

Eric Goldman

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. NOCIs to Grande between 2011 and 2017. For more background on this issue, see this rrcap and the links at the bottom of this post. My post on a pre-pandemic district court ruling in this case.

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