Reverse engineering for the purpose of achieving interoperability of systems is often protected as fair use or by the DMCA. Also, discovering a trade secret by fair and honest means does not violate trade secret law. If reverse engineering is accomplished through the use of theft, bribery, misrepresentation, breach or inducement of a breach of […]
Is reverse engineering legal? Read More »
No. The DMCA makes it unlawful to provide or distribute false copyright management information (CMI) with the intent to induce or conceal infringement.
Yes, linking to infringing content could put you at risk of contributory liability for facilitating infringement, but if a website owner or other online service provider complies with DMCA requirements, it provides a safe harbor from contributory liability for facilitating access to infringing content. To qualify for this safe harbor, the website owner or other
Could linking to infringing content get me into trouble? Read More »
Yes. DMCA notices must be signed under penalty of perjury, and the DMCA provides additional financial penalties and damages for including a misrepresentation in a DMCA notification or counter-notification.
By complying with the notice-and-takedown procedures set out in the DMCA, a website owner or other online service provider may get the benefit of the DMCA’s safe harbor from contributory liability for user-provided content that infringers another person’s copyright.
What is the benefit of complying with the DMCA’s notice-and-takedown procedure? Read More »
The DMCA provides a safe harbor to website owners and other online service providers that comply with the DMCA’s notice-and-takedown provisions. To get the benefit of this safe harbor, a website owner or other online service provider must: Receive no direct financial benefit from the infringement; Designate a copyright notifications agent to receive and handle
What are the DMCA notice-and-takedown procedures? Read More »
The best way to avoid copyright infringement liability is to focus on creating original work rather than copying other people’s works. If a decision is made to use another person’s work, the most effective way to avoid infringement liability is to secure written permission from the copyright owner. In terms of secondary liability, compliance with
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This issue is currently being litigated, but at least one court has ruled that knowingly making unauthorized copies of copyright-protected works to use in AI training can infringe the copyrights in them even if performing operations on the works during the training process does not. The focus in these cases is on the question of
Can training AI on a work infringe a copyright in the work? Read More »
Yes. AI-generated output infringes a copyright when it substantially reproduces the protected expression of an existing work, even if the AI user did not consciously intend to copy a specific work. An independently created work, however, does not infringe the copyright in an identical or substantially similar work. Creating an identical work is infringement only
Can AI-generated output infringe a copyright? Read More »
“Input ” infringement refers to the unauthorized use of a copyrighted work in AI training. “Output ” infringement is the use of AI to generate output that infringes a copyright.
What are “input” and “output” infringement? Read More »
