Fletcher YoderA fair use defense to copyright infringement when using copyrighted materials as training data for an AI system can include an analysis of the effect on the value or potential market for licensing of the copyrighted work for AI training data (potential derivative markets) in addition to current markets (primary markets) for the copyrighted work.
In determining design patent and copyright infringement, the ornamental features and functionality of the claimed design must be distinct from the prior art and must be viewed independently of one another.
Determining whether the fair use defense to copyright infringement of an API applies is based on an analysis of four factors: (a) the purpose and character of the use; (b) the nature of the copyrighted work; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) the effect of the use upon the potential market for or value of the copyrighted work.
Protection from the Copyright Act does not extend to annotations contained in Georgia’s official annotated code.
Federal Circuit finds the holdings of Mallinckrodt, Inc. v. Medipart, Inc. and Jazz Photo Corp. v. International Trade Comm’n are not overruled by Quanta Computer, Inc. v. LG Electronics, Inc. and Kirtsaeng v. John Wiley & Sons, Inc.