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United States copyright law protects original expressions but not facts, methods, discoveries, or other ideas being expressed, a doctrine known as the idea–expression distinction. Despite making this distinction, verbatim copying is not always required for copyright infringement, as paraphrasing is also prohibited in certain circumstances. [6]
To bring a copyright infringement lawsuit, a copyright holder must establish ownership of a valid copyright and the copying of constituent elements of the work that are original. [76] The copyright owner must also establish both (a) actual copying and (b) improper appropriation of the work.
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
The U.S. Court of Appeals for the Ninth Circuit in the Perfect 10 case, held that, when Google provided links to images, Google did not violate the provisions of the copyright law prohibiting unauthorized reproduction and distribution of copies of a work: "Because Google's computers do not store the photographic images, Google does not have a ...
Getty filed another suit against Stability AI in a U.S. district court in Delaware in February 2023. The suit again alleges copyright infringement for the use of Getty's images in the training of Stable Diffusion, and further argues that the model infringes Getty's trademark by generating images with Getty's watermark. [51]
Looking to past fair use cases as precedent for the future. One possible path forward for companies and major content producers wanting to protect their intellectual property rights would be for ...
Google's provision of digitized copies to the libraries that supplied the books, on the understanding that the libraries will use the copies in a manner consistent with the copyright law, also does not constitute infringement. Nor, on this record, is Google a contributory infringer. [60]
In case of a photograph or screenshot, you must also own the copyright for all copyright-protected items (e.g. statue or app) that appear in it (example, see below for details). Freely licensed: You can prove that the copyright holder has released the image under an acceptable free license (example, see below for details). Note that images that ...