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#copyright

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@davidgewirtz Please keep in mind that you're adding all titles to Amazon's data collection. Whatever you upload to the #Amazon cloud AND also what you put on your Kindle is being indexed & uploaded to the server automatically. Just had that with an unpublished #manuscript that someone wanted to read on their Amazon device and it ended up on their server, although it was uploaded manually via cable to the device.

#copyright #urheberrecht #authorrights #autorenrechte #intellectualproperty #ip

新证据表示 Meta 通过 BitTorrent 从 LibGen 等下载了超过 100TB 的盗版资料。

- 证据显示资料来源包括 LibGen、Z-Library 及 Anna's Archive 等。
- 内部通信的证据还提到 Meta 修改了设置减少上传 (seeding) 量以降低法律风险。
- 扎克伯格称未有参与使用 LibGen 资料训练 LLM 的决定。Meta 则在诉讼中强调使用 LibGen 训练 AI 属「合理使用」 (fair use)。

arstechnica.com/~

#Meta #Copyright #Torrenting

Telegram 原文

Ars Technica · “Torrenting from a corporate laptop doesn’t feel right”: Meta emails unsealedBy Ashley Belanger

I may have posted about this before, but a new development has cropped up, so here we go again:

I am very confused about the copyright status of the movie "Carnival of Souls."

It would appear that it was released without a copyright notice which, in 1962, would've been required to maintain the copyright.

Wikipedia, confusingly, has the film uploaded *twice* on its article on the film, one upload in high definition and the other in potato quality. The high def upload cites the film as being in the public domain due to failure of renewal, the potato quality upload cites it being in the public domain due to lack of copyright notice.

The film's director and writer, Herk Harvey and John Clifford, re-released a version with some cut scenes re-inserted circa 1989 which I presume is still under copyright, but more strikingly, in or around 1996, Clifford apparently registered a copyright on the original screenplay, and then sold the rights to two other men, Matthew Irvine and Peter Sobey.

According to an interview with Irvine on a film blog circa 2016, he claims that the original creators believed the film to be in the public domain but they did a chain-of-title search which established their ownership of the film and this allowed the sale of the film to Irvine and Sobey.

I have no idea how a chain-of-title search could apply to a copyright that lapsed due to lack of notice on a 1962 film.

I was also under the impression that a screenplay, if adapted fairly faithfully, is considered "published" once a film is released based on it, so holding it back until 1996 and *then* registering a separate copyright on it seems like it would be invalid.

More recently, Peter Sobey has been editing the film's Wikipedia article to assert his and Irvine's ownership claims. He apparently licensed the film for a perfume (!) and linked to an article about it to cite his claims to ownership; that article notes that the perfume-maker was contacted by him after they referenced the film and he had a google alert set for the film's title. So clearly they're keeping an eye out for adaptations and the like, though, curiously, they don't seem to have attempted to get the uploads of the film removed from Wikipedia.

I'm curious if anyone with any expertise on #copyright law and the #publicdomain more specifically might have an explanation for all of this! Heck, if any film historians familiar with #CarnivalOfSouls have any thoughts, I'd love to hear them.

I am producing and directing an animated series called "Lunatics!" about the first permanent settlers on the Moon, which attempts to be as realistic about this as possible, drawing on present-day technology, and much of the organizational culture around it.

It's a *free-culture* project: CC By-SA 4.0 licensed for episodes and most behind-the-scenes content. And an
open movie project in that source files from Blender, Kdenlive, etc will be released with episodes. For this to be truly meaningful, we also rely on *free/open-source* software to produce it.

There is a
#Pixelfed for the project itself:

@lunatics@px.filmfreedom.net

and of course, a website for the series:

https://lunatics.tv

and the project:

https://lunaticsproject.org

This is my "professional" account, so I focus on topics related to my project:
#Animation #Film #ScienceFiction #FreeSoftware #OpenSource #Copyright #Copyleft #Art #Blender #Kdenlive #CreativeCommons #FreeCulture #ShareAlike

I often post little progress reports and work-in-progress here.

I try to avoid partisan politics and other acrimonious subjects. Also trying to watch my language here, keeping it PG-13, let's say.

If you would like a less filtered
:monkey_see_no_evil: version of me, I do have a personal #Hometown (basically #Mastodon but not quite) account as well:

@TerryHancock@realsocial.life

NOTE:
#Misskey allows a longer post length and also up to 16 images per post, which makes it a lot more convenient for my project posts. Buy you'll only see the first 4 images on Mastodon (there are 7 on this post, for example). There are subtle differences like this between #Fediverse platforms!
#Introduction

"Controversies about new and unexpected uses of copyrighted works enabled by technological advances are far from new; they continue to play an integral part in the development of modern copyright law. This Article revisits numerous disputes over uses of in-copyright works enabled by disruptive technologies since the 1970s. These disputes involved copying of research and educational materials, home video and audio taping, and storage and processing of digital copies for the purpose of developing search engines and other research tools. Tracing the evolution of the concept of market harm and the role it has played in copyright fair use cases involving new technologies, this Article lays out the arguments about market effects—harmful and beneficial effects, as well as the requirements of proof—that have been presented in the courts and debated in Congress. The Article then assesses the current landscape of generative AI copyright litigation. Insights gained from the past can be instrumental in thinking about conflicts involving generative AI, as well as any future technologies that are new, innovative, and disruptive."

uclalawreview.org/fair-use-def

UCLA Law Review · Fair Use Defenses in Disruptive Technology Cases - UCLA Law ReviewAbstract The fair use limitation on the scope of authorial exclusive rights is expected to be the main defense in lawsuits charging generative artificial intelligence (AI) developers with copyright infringement. These lawsuits—brought by and on behalf of some authors, artists, and copyright industry rights holders—challenge the legality of the unauthorized use of in-copyright works for […]

"A brave YouTuber has managed to defeat a fake Nintendo lawyer improperly targeting his channel with copyright takedowns that could have seen his entire channel removed if YouTube issued one more strike.

Sharing his story with The Verge, Dominik "Domtendo" Neumayer—a German YouTuber who has broadcasted play-throughs of popular games for 17 years—said that it all started when YouTube removed some videos from his channel that were centered on The Legend of Zelda: Echoes of Wisdom. Those removals came after a pair of complaints were filed under the Digital Millennium Copyright Act (DMCA) and generated two strikes. Everyone on YouTube knows that three strikes mean you're out and off the platform permanently.

Suddenly at risk of losing the entire channel he had built on YouTube, Neumayer was stunned, The Verge noted, partly because most game companies consider "Let's Play" videos like his to be free marketing, not a threat to their business. And while Nintendo has been known to target YouTubers with DMCA takedowns, it generally historically took no issues with accounts like his."

arstechnica.com/tech-policy/20

Ars Technica · YouTuber won DMCA fight with fake Nintendo lawyer by detecting spoofed emailBy Ashley Belanger