Factors in Copyright Infringement Cases

4min Snip

00:00

Play full episode

Summary

Transcript

Episode notes

The four factors in a copyright infringement case are: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work. These factors are not exhaustive and the test allows for consideration of other factors. Technology cases often involve substantial debate around the purpose and character of the use, while the nature of the copyrighted work considers whether the work is creative and whether it aligns with what society wants to encourage. The factors play a significant role in determining copyright infringement, especially in cases involving creative expression.

In this episode, Nathan sits down with tech lawyer Cecilia Zeniti, Founder & CEO of GC AI, the AI for in-house counsel. They discuss the origins of IP law in the US Constitution to promote creativity, the "fair use doctrine" and how OpenAI could argue ChatGPT is transformative, Google's patenting strategy around the transformer, and much more. If you need an ecommerce platform, check out our sponsor Shopify: https://shopify.com/cognitive for a $1/month trial period.

LINKS:

GC AI: https://getgc.ai/

Cecilia's Twitter/X: https://twitter.com/CeciliaZin

SPONSORS:

Shopify is the global commerce platform that helps you sell at every stage of your business. Shopify powers 10% of ALL eCommerce in the US. And Shopify's the global force behind Allbirds, Rothy's, and Brooklinen, and 1,000,000s of other entrepreneurs across 175 countries.From their all-in-one e-commerce platform, to their in-person POS system – wherever and whatever you're selling, Shopify's got you covered. With free Shopify Magic, sell more with less effort by whipping up captivating content that converts – from blog posts to product descriptions using AI. Sign up for $1/month trial period: https://shopify.com/cognitive

Omneky is an omnichannel creative generation platform that lets you launch hundreds of thousands of ad iterations that actually work customized across all platforms, with a click of a button. Omneky combines generative AI and real-time advertising data. Mention "Cog Rev" for 10% off www.omneky.com

NetSuite has 25 years of providing financial software for all your business needs. More than 36,000 businesses have already upgraded to NetSuite by Oracle, gaining visibility and control over their financials, inventory, HR, eCommerce, and more. If you're looking for an ERP platform ✅ head to NetSuite: http://netsuite.com/cognitive and download your own customized KPI checklist.

X/SOCIALS:

@labenz (Nathan)

@CeciliaZin (Cecilia)

@CogRev_Podcast

TIMESTAMPS:

(00:04:30) - Introduction to Intellectual Property law

(00:07:30) - Overview of main types of intellectual property - patents, trademarks, copyrights

(00:10:30) - Could Google have patented the transformer? Google’s patent strategy

(00:16:30) - Claim construction and its parallel to LLMs

(00:17:17) - Sponsor: Shopify

(00:18:46) - Practical impact of open source on ability to enforce IP rights

(00:21:47) - Litigation, internal data privacy, and communication

(00:24:30) - Copyright law and fair use doctrine for transformative works

(00:30:22) - Sponsor: Netsuite | Omneky

(00:31:42) - Big tech company lawsuits when money starts shifting between incumbents and newcomers

(00:34:10) - When judges like a technology…

(00:34:57) - Scraping and LinkedIn’s suit

(00:38:50) - NYTimes vs OpenAI

(00:40:00) - Copyright, creators, and music industry licensing

(00:42:35) - Transformative nature of work and “fair use”

(00:50:29) - Limits on getting injunctions and ongoing royalties from courts

(00:56:39) - Legalities of other modalities, like DALL-E images of copyrighted IP

(01:01:00) - OpenAI’s opt-out for licensing on the text modality

(01:03:58) - OpenAI’s weak to strong generalization

(01:07:00) - Pharmaceuticals and software, AI doctors, public good balancing

(01:10:40) - Why licensed professionals aren’t pushing back against AI

(01:15:36) - Duty to use tools for efficiency to a client

(01:17:04) - Impact of open source and ability to find someone to sue

(01:20:30) - Forward-looking thoughts on what IP laws should be for AI

(01:27:38) - Overview of Cecilia's company GC AI for lawyers

This show is produced by Turpentine: a network of podcasts, newsletters, and more, covering technology, business, and culture — all from the perspective of industry insiders and experts. We’re launching new shows every week, and we’re looking for industry-leading sponsors — if you think that might be you and your company, email us at erik@turpentine.co.