Intepat

OCTOBER 7, 2022

Intellectual property is a type of property formed by a person’s various ideas or intellect. In other words, it results from a person’s intellectual pursuits. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work.

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Intepat

OCTOBER 7, 2022

Intellectual property is a type of property that is formed by a person’s various ideas or intellect mind; in other words, it is the result of a person’s intellectual pursuits. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

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More Than Your Mark

AUGUST 27, 2021

While every business recognizes the need to protect its intellectual property, it’s easy to get confused about what each type of intellectual property protects. Copyrights protect creative works. The post Intellectual Property: What Are the Differences between Patent, Trademark, and Copyright?

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JIPEL Copyright Blog

MARCH 21, 2022

In the face of public backlash, Nintendo released a statement describing Slippi as a mod that violates their intellectual property. It is an open legal question whether this would constitute an infringing derivative work. Nintendo’s Statement After Issuing its Cease-and-Desist Letter via Email , November 19 th , 2020.

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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable.

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IP and Legal Filings

MAY 15, 2024

Introduction Intellectual Property Rights are intangible rights All rights related to the property are exclusively reserved with the copyright holder. It serves the purpose of having Intellectual Property Rights in existence that is to give legal rights for the protection of the invention and creation.

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Can the machine be an author?

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Intellectual Property Law Blog

APRIL 12, 2023

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

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McBayer IP Blog

APRIL 15, 2022

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. More > Tags: Copyright , copyright license , Intellectual Property , music copyright.

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TorrentFreak

JUNE 10, 2022

” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created. The defendants threaten the gaming experience, Bungie added, noting that anti-cheating mitigation technology had cost it “exorbitant amounts of money.”

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Olartemoure Blog

APRIL 14, 2023

However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work. The decision focused on the fact that the sweatpants worn by Shayk were not a pre-existing work, but rather a “useful article.”

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IPilogue

SEPTEMBER 13, 2022

Netflix is now suing Bear and Barlow for stealing “ valuable intellectual property ” to build their global brand. Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP.

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” The report notes on page 11 that “In 2003, research estimates put the [U.S.] market for religious publishing and products at $6.8

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LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. This could potentially stifle creativity and limit the use of derivative works in commercial contexts.

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IP Watchdog

FEBRUARY 27, 2023

The question before the Court is where does a copyright holder’s right to create derivative works stop and “fair use” of the work begin? On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v.

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TorrentFreak

SEPTEMBER 5, 2023

It targeted an individual who had deployed cheats in Destiny 2 and as a result, now faced claims of breaching security mechanisms controlling access to a copyrighted work. For modifying the Destiny 2 game, thereby creating an unauthorized derivative work, Bungie was able to demand another $150,000.

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TorrentFreak

OCTOBER 10, 2023

Artificial intelligence also makes an appearance in the RIAA’s latest overview of foreign sites and services that present copyright and other intellectual property challenges. The RIAA believes that ripping YouTube tracks is a violation of the DMCA and using a voice model to create a derivative work is problematic too.

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Intepat

JANUARY 8, 2024

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. Training AI models using these works could infringe on these rights, especially without authorisation. They expressed a mutually beneficial resolution.

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Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

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IP Watchdog

OCTOBER 12, 2022

Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

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Indiana Intellectual Property Law

JUNE 1, 2023

The court’s decision has significant implications for artists and content creators, as it raises questions about the transformative nature of derivative works.

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Kluwer Copyright Blog

MAY 20, 2024

46) that “it does not seem to me to be necessary to proceed any further with th[e] distinction [of parody, caricature and pastiche], since, in short, all those concepts 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.”

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JIPL Online

NOVEMBER 1, 2021

These derivative works are not always supported or authorized by the original game publishers. Publishers and mod creators may soon become caught between the desire to provide freedom to players and the need to protect intellectual property rights. The ramifications of this practice are unclear.

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The IPKat

JANUARY 27, 2024

Copyright Eleonora Rosati alerted readers to the latest referral on the meaning of originality in EU copyright law - this time, a referral from Romania regarding the protectability of a critical edition of a work (a type of derivative work).

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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.

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IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

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LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

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LexBlog IP

APRIL 25, 2023

History suggests the law will split inventorship down the middle and grant rights to those “portions” of an invention or copyrightable work that were created by a human, and avoid granting protection to the “portions” that were AI-generated. Copyright law does this well with the protection of derivative works.

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LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

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LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

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LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

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The IP Law Blog

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

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The IP Law Blog

DECEMBER 30, 2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Listen to this podcast episode here.

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LexBlog IP

MARCH 22, 2023

The US Copyright Office also noted that this stance does not prevent content creators from claiming copyright for derivative works based on material generated by an AI system. You, as the user, retain control over your derivate work created with an AI system. Have a question about obtaining a copyright?

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IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

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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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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