New answers tagged fair-use
1
vote
Is a private individual shopping for personal goods from companies "non-commercial"?
Yes and no
Yes, it is a non-commercial activity for Alice.
No, it is a commercial activity for Bob Inc. and Charlie Corp.
1
vote
Copyright risks for code contributed by generative AI
The first way to look at the question is whether the output of the program is “substantially similar” to that of a protected work. A copyright infringement claim does not have to show video of a ...
-2
votes
Copyright risks for code contributed by generative AI
A human programmer knows not to just write exact pieces of code they have seen before. And if they do, they do it knowing where they saw it and what the applicable license is, and are able to take ...
0
votes
Copyright risks for code contributed by generative AI
All generative AI produces either copies or derivative works
Definitions vary but in the USA 17 U.S. Code § 101 says:
A “derivative work” is a work based upon one or more preexisting works, such as a ...
2
votes
Accepted
Is it fair use of copyright to create and distribute a simulation model from a copyrighted schematic?
Copyright does not apply.
From the description, company B is simply copying the circuit design. Copyright would only protect that specific schematic drawing of the circuit. The design of the circuit, ...
-1
votes
Is it fair use to include unpurchased media in a website that is still under development?
If you plan to license your final artwork for your website from some commercial company, they may allow you to download and use samples, obviously with “sample” in big letters printed on them.
4
votes
Is it fair use to include unpurchased media in a website that is still under development?
Probably not. The copyright holder has the exclusive license to make copies of the copyrighted material, and you're talking about making copies.
I don't really see a strong argument for fair use, as ...
2
votes
Accepted
What countries don't have fair use in copyright law?
Fair Use only exists in the USA
Fair use is a very specific doctrine. It only exists in the USA. Many other countries have other exceptions. Some are similar, but almost none are identical. In fact, ...
2
votes
Accepted
Why are authors suing Meta and OpenAI instead of Shawn Presser for copyright infringement?
Because you sue people who have money
Your remedy for copyright breach is damages; therefore, you sue people who can afford to pay. OpenAI and Meta have an advantage over the named individual because ...
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