Dear Rich IP Blog

FEBRUARY 21, 2024

Is the new song a derivative work? Your former collaborator may argue that your new song is a derivative of your earlier collaboration.

Derivative Work 52

Derivative Work Confidentiality Music Settlement 52

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Kluwer Copyright Blog

MAY 20, 2024

In July 2019, the CJEU held that any sample of a sound recording, regardless of its length, constitutes an infringement of the phonogram producer’s exclusive right, except if it is integrated, possibly in a modified form, into a new song making it unrecognizable to the ear. Although AG Crúz Villalon argued in his Opinion (para.

Copyright Law 66

Copyright Law Law Copyright Derivative Work 66

IPilogue

JULY 18, 2022

In other cases, museums invited artists to create derivative works based on museum collections. In 2019, a group of renegade artists developed an app called MoMAR that mocked the iconic paintings by Jackson Pollock at the Museum of Modern Art (MoMA) in New York.

Copyright Law 111

Copyright Law Copyright Law Art 111

The IP Law Blog

JUNE 15, 2023

In 2019, the Ninth Circuit had previously found mostly in Zillow’s favor as to an earlier trial and had reversed and remanded the case back for further proceedings. Supreme Court’s 2019 decision in Fourth Estate Public Benefit Court v. On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Zillow Group, Inc.,

Copyright 98

Copyright Registration Licensing Derivative Work 98

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). Image by 453169 from Pixabay.

Music 98

Music Copyright Law Copyright Law 98

Copyright Lately

NOVEMBER 8, 2022

The public domain status of all of these works was further delayed by 1998’s Sonny Bono Copyright Term Extension Act (CTEA) , which extended the term of copyright protection for subsisting copyrighted works by 20 years. Works copyrighted prior to 1978 had their terms extended from 75 years to 95 years from the date of publication.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

IPilogue

MAY 26, 2022

In 2019, West was also hit with a lawsuit for unauthorized use of a sound recording on his Grammy-nominated song, “Ultralight Beam.” To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

The IP Law Blog

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. The complaint notes a December 30, 2019 interview which, according to Trump, exemplifies that the rights granted were limited: Woodward: On the record for the book, unless you— Trump: For the book only, right? Only for the book.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. 2019.) Originals [Album]. 2019 NPG Records, Inc. Goldsmith , 11 F.4th

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Intellectual Property Office Blog

JULY 29, 2021

Molly Mae rose to fame following 2019’s season where she came in second place with her now long-term boyfriend Tommy Fury. In its first year as a partner back in 2019, sales of ISAWITFIRST rose 67% when the show started, with web traffic increasing by 60%. Take Molly Mae Hague as an example.

IP 85

IP Branding Brands Branding 85

Kluwer Copyright Blog

NOVEMBER 8, 2021

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). here and here). here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

TorrentFreak

AUGUST 13, 2022

By inducing the direct infringements of Lavicheat users who “copy, reproduce, adapt, and/or create derivative works” from Bungie’s copyrighted works, Lavicheats is liable for contributory copyright infringement. Whether PayDash is able to provide any information will remain to be seen but problems may lie ahead.

Derivative Work 75

Derivative Work Copyright Infringement Copyright Copying 75

The IPKat

SEPTEMBER 14, 2023

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the – so to speak – derived work.’

Copyright 91

Copyright Derivative Work Copyright Law Law 91

Copyright Lately

MARCH 6, 2023

In 2019, actor Cameron Boyce , star of Disney franchises Jesse and Descendants , died tragically following a sudden epileptic seizure. At the time of his death, the 20-year-old Boyce was working on what would prove to be his final film, the independent coming-of-age drama Runt.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

LexBlog IP

JUNE 15, 2023

In 2019, the Ninth Circuit had previously found mostly in Zillow’s favor as to an earlier trial and had reversed and remanded the case back for further proceedings. Supreme Court’s 2019 decision in Fourth Estate Public Benefit Court v. On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Zillow Group, Inc.,

Copyright 52

Copyright Registration Licensing Designs 52

The IPKat

JANUARY 5, 2023

A parody is a work that is autonomous from the earlier one because it is characterized by a different spirit, something that the court referred to as a “conceptual overthrow” ( rovesciamento concettuale ). According to the Supreme Court, such an assessment was (way) too superficial.

Copyright 138

Copyright Law Advertising Advertising 138

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] 1] See Andy Warhol Found.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

IP and Legal Filings

DECEMBER 14, 2021

This overturns a 2019 decision of the United States District Court for the Southern District of New York. The present case deals in the creation of the work which has a prior material, whereby the dispute is between a creator’s creativity and creator’s control.

Fair Use 52

Fair Use Music Derivative Work Copyright 52

SpicyIP

MAY 23, 2024

One of the key features was recognition of the rights of authors of original literary, dramatic, artistic and musical work, used in derivative works. Cut to almost 4 decades later, in 2012, the copyright laws in India were amended. In M/s Echo Recording Company v.

Music 59

Music Licensing Copyright Moral Rights 59

LexBlog IP

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. The complaint notes a December 30, 2019 interview which, according to Trump, exemplifies that the rights granted were limited: Woodward: On the record for the book, unless you— Trump: For the book only, right? Only for the book.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.

Copyright 76

Copyright Derivative Work Music Designs 76

Copyright Lately

DECEMBER 24, 2023

Teresa La Dart, the author of a 2010 poetry book called Lover , filed a copyright infringement lawsuit over a companion book for Swift’s 2019 album of the same name. Will folks ever get tired of suing Taylor Swift over ridiculous copyright claims ? Maybe someday, but not yet.

Copyright 105

Copyright Copyright Infringement Music Fair Use 105

43(B)log

AUGUST 3, 2023

Originally this was internal to substantial similarity, and it still is and should be until we get a better notion of substantial similarity—claim construction/scope/boundary—charting boundary b/t derivative works and things changed enough that they aren’t w/in the scope of © owner’s rights. Might prevent unnecessary litigation.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

New Copyrighted Works Enter the Public Domain: In 1998, the Sonny Bono Copyright Term Extension Act added 20 years to the term of copyright protection for pre-1976 works, and paused the annual expiration of copyright on older works for 20 years. the exclusive right to their respective writings.”

Public Domain 52

Public Domain Trademark Copyright Registration 52

LexBlog IP

JULY 7, 2023

In 2017, after Goldsmith notified the Foundation of her belief that it had infringed her copyright, the Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the photograph. In 2019, the U.S. Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

IIPRD

APRIL 8, 2024

Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5] Creator’s will need to keep an eye out to monitor such generators in case work derived from theirs appears.

Art 52

Art Artwork Intellectual Property Copyright Law 52

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? xiv] See Gordon Whitson, How a Brand Name Becomes Generic , The New York Times (June 24, 2019), [link]. [xv] vii] Deidrè A. 511, 523 (2012). 102(a) and (b).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

JUNE 7, 2023

Ginsburg listed several techniques for improving the position of authors and noted that Directive 2019/790 (hereinafter the “DSM Directive” or the “Directive”) employs most of these. On this prompt, Prof. However, none guarantee the actual receipt of appropriate and proportionate remuneration by authors. Conclusion In conclusion, Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

IP Intelligence

JUNE 7, 2023

Carroll, Copyright and the Progress of Science: Why Text and Data Mining Is Lawful , 53 UC Davis Law Review 893, 2019. Moreover, the impediments to effective data science caused by limitations imposed by those actors that do purport to offer TDM licenses are well documented. See e.g., Michael W.

Fair Use 105

Fair Use Licensing Music Art 105

43(B)log

FEBRUARY 3, 2023

Hived off of fair use and became its own defense in early 20 th century, then became swallowed by substantial similarity, which is a huge problem b/c it was about market substitution and it means the derivative work rights ballooned. Universal, 2019: Software company A sells to B with a contract that maybe prohibits modification.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

MARCH 7, 2022

In addition, for all works (foreign and domestic), registration is required before the infringement commenced (or within three months after first publication) in order to recover statutory damages and attorneys’ fees. 881 (2019), and my previous blog post. 17 U.S.C. § See Fourth Estate Public Benefit Corp. Sanctuary Clothing , 925 F.3d

Registration 77

Registration Blogging Copyright Designs 77

Kluwer Copyright Blog

MAY 9, 2023

In particular, the training stage of the AI tools requires the scrapping and extraction of relevant information from underlying datasets, which often contain copyright protected works. Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system?

Copyright 137

Copyright Fair Use Copyright Law Law 137

LexBlog IP

JUNE 7, 2023

” Andy Warhol Foundation for Visual Arts, Inc. Moreover, the impediments to effective data science caused by limitations imposed by those actors that do purport to offer TDM licenses are well documented. See e.g., Michael W. ”).

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

Carroll, Copyright and the Progress of Science: Why Text and Data Mining Is Lawful , 53 UC Davis Law Review 893, 2019. Moreover, the impediments to effective data science caused by limitations imposed by those actors that do purport to offer TDM licenses are well documented. See e.g., Michael W.

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

JULY 21, 2021

Juliet Dee, Sweet baby Jesus, the band who must not be named, and friends U can’t trust: Disparaging, immoral and scandalous trademarks in the United States and the European Union, 53 First Amendment Studies 91, 93 (2019)]. Dee (2019) at 119. That is part of the reason the ABA proposed in late 2019 loosening U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

JANUARY 10, 2024

54 (2019), also concurring opinion, para. Other commentators, such as Vishal Rakheccha, have also sought to reimagine how copyright in Crown copyright jurisdictions might strike the best balance of access, accuracy, and enforcement around government works copyrights in British common law jurisdictions like India. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52