Kluwer Copyright Blog

JUNE 5, 2023

Many copyright professionals had hoped that the Court’s Goldsmith decision would articulate a workable standard for distinguishing transformative fair uses from infringing derivative works. After all, many derivative works (say, a movie made from a novel) will add something new and convey some new meanings or messages.

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Intellectual Property Law Blog

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v. Google, Inc., (the Google, Inc., (the

Fair Use 244

Fair Use Derivative Work Copying Marketing 244

Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. Questions, Answers and Copyright.

Copyright Infringement 235

Copyright Infringement Copyright Derivative Work Fair Use 235

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. You can't judge a book from its cover". True, except when a book and its cover are involved. But of course.

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Art Artwork Copying Moral Rights 134

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

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Copyright Intellectual Property Derivative Work Copying 98

TorrentFreak

SEPTEMBER 28, 2023

The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. They accuse OpenAI of using books as training data, without permission, relying on datasets that were sourced from pirate sites.

Fair Use 98

Fair Use Copyright Copyright Infringement Derivative Work 98

The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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Derivative Work Copying Copyright Infringement Copyright 112

IPilogue

NOVEMBER 8, 2021

However, I recall certain books had the answers in them. Although answers, the textbook usually gave one- or two-worded answers to those dreadful questions that ended with “explain your answer” or “show all your work.” Copyright Infringement? . Homework and studying for school have come a long way over the years. Under the U.S.

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Copyrightable work The works that can claim copyright protection are enumerated under Section 13 of the Copyright Act. Modak [2] (2002). Universal Pictures [3] (1942).

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Copyright Artistic Work Copyright Law Art 94

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v. 99 (1879) ).

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Copyright Derivative Work Music Copying 138

Plagiarism Today

JANUARY 3, 2022

The lawsuit claimed that the site was offering illegal downloads of their books and specifically targeted two Ukrainian nationals as the operators. 2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. Milne’s book Winnie the Pooh. They are free of copyright.

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Public Domain Music Derivative Work Licensing 191

LexBlog IP

NOVEMBER 29, 2023

If the court hearing Silverman’s claims agrees, copyright holders looking to sue AI companies in the future may find themselves facing long odds on certain claims. are similar enough to the plaintiffs’ books to be infringing derivative works,” the plaintiffs need to “adequately allege it at the pleading stage.”

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Derivative Work Copyright Copyright Infringement Copying 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. Stability AI Ltd.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Fair use in US ( Google Books but reuse pattern different here. Is the algorithm copyrightable?

IP 120

IP Derivative Work Intellectual Property Art 120

BYU Copyright Blog

MAY 24, 2022

Elliot McGucken ("McGucken") filed an Amended Complaint against Pepperdine University and associated parties ("Pepperdine"), asserting that Pepperdine infringed McGucken's copyright in a photograph (the "Photo") he had taken.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Confused yet? Just wait.].

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement. ”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

The IPKat

JANUARY 26, 2023

Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022. This phenomenon illustrates the commercial potential of derivative works within the copyright system.

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IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . Fanfiction and Fanart.

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Copyright Television Copyright Infringement Derivative Work 122

LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v. Google, Inc., (the Google, Inc., (the

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

Copyright Lately

NOVEMBER 8, 2022

A new crop of copyrighted works (including rights in a certain famous British detective) will enter the public domain in the United States on January 1, 2023. There’s no indication that Hulu’s decision was influenced by the copyright status of The Hardy Boys ’ titular characters. Here’s what it all means.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

IP Tech Blog

AUGUST 4, 2023

The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., turning a book into a movie, a translation of a book from one language to another). It’s a way where you take your original work and add new expression to it.

Art 52

Art Fair Use Derivative Work Blogging 52

The IPKat

JULY 2, 2021

People create books, or movies, to be read, or viewed, by others. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. First, the copyright basics.

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Derivative Work Copyright Publishing 70

LexBlog IP

AUGUST 4, 2023

” “The Idea of copyright is actually a bundle of different rights. one of the copyright rights is the right to prepare derivate works (e.g., turning a book into a movie, a translation of a book from one language to another).

Art 52

Art Fair Use Derivative Work IP 52

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. Learn more about NFT Copyright Issues here. nThe book and the copyright ownership are two distinct things.

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SpicyIP

DECEMBER 17, 2023

[ This post is authored by Prachi Mathur and is the third post of the three-part post on the history of terms of copyright and translations in India. Image by Freepik In part I and II of the post, I analysed the historical development and debates on the term of copyright in India.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

Traverse Legal Blog

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen.

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Litigation Fair Use Copying Derivative Work 98

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Copyright protection is usually granted for 95 years to works published between 1923 and 1977. Steamboat Willie.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

Look no further than this year’s top contenders for examples of this, including Oppenheimer , American Fiction , Killers of the Flower Moon , Poor Things (all based on books)—and, of course, Barbie. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be?

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Derivative Work Licensing Copyright Copyright Law 64

Copyright Lately

AUGUST 25, 2023

As screenwriters and studios negotiate AI’s role in the entertainment industry, it’s important to be mindful of some core copyright protection principles. ” Dr. Stephen Thaler’s “A Recent Entrance to Paradise”: No human, no copyright. Copyrightable material that is owned by a third party.

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Derivative Work Registration Copyright Public Domain 78