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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IP Tech Blog

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

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Fair Use Derivative Work Copying Licensing 57

43(B)log

FEBRUARY 16, 2024

Conceptual work is beneath the surface of the work. Fair use is not just a game for rich artists like Koons and Warhol, though they’re the reported cases; most artists can’t afford high-stakes litigation. Court’s assumption that there is an objective meaning of a work. Hierarchy: derivative works trump fair use?

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Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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Copyright Derivative Work Artwork Fair Use 96

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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LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. Mora, Netflix Will See More Copyright Litigation After Eleventh Circuit Ruling , Daily Business Review (Oct. SETTLEMENT CASES. 1] See Michael A.

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LexBlog IP

MAY 18, 2023

Litigation ensued, in which AWF advanced fair use as its defense. Underlying the Court’s decision is the copyright owner’s exclusive right to prepare derivative works. The Court reined this in, reminding AWF that copyright owners hold an exclusive right to prepare derivative works.

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JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

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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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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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43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Rosenblatt: how we think about that might be different in music sampling than other derivative works.

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Fair Use Derivative Work Copying Marketing 59

BYU Copyright Blog

MAY 24, 2022

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.

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LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

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LexBlog IP

MAY 22, 2023

Warhol’s representation was based on and “transformed” Goldsmith’s photograph in a manner that made it a derivative work, and as such the right to create a derivative work such as the pop art and commercially license it should belong to Goldsmith, the copyright holder.

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JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

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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., It’s a way where you take your original work and add new expression to it. turning a book into a movie, a translation of a book from one language to another).

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Art Fair Use Derivative Work Blogging 52

43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. Admittedly, this is an invention that was never litigated; the analysis of purpose would have to be a little different.

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BYU Copyright Blog

OCTOBER 25, 2021

According to LTF, the "striking similarities" between the two works demonstrate that Bel-Mac intentionally created a derivative work and infringed on the LTF's exclusive rights under copyright and trademark law. We will be sure to provide future updates as the litigation progresses.

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LexBlog IP

JUNE 5, 2023

” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. .” ” Id. ” Slip Op., ” Id. ” Id.

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Velocity of Content

APRIL 30, 2024

Shumaker: I’m also curious about CCC’s role in any of the current litigation. But we don’t keep track of this, and we don’t get involved in their litigation decisions. In the case of AI, I think both NC (non-commercial) and ND (non-derivative works) provisions may be involved. Rowland: Yes.

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Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” “Netflix would not authorize and did not want them to engage in any live performances (e.g., Metro-Goldwyn-Mayer, Inc.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

TorrentFreak

SEPTEMBER 28, 2023

“Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. In addition to using copyrighted works for training data, the LLM models themselves are also infringing derivative works, and the same applies to the output of the models.

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Fair Use Copyright Copyright Infringement Derivative Work 97

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Why are we revisiting this crusty old topic? ” That’s true.

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Copying Ownership Derivative Work Contracts 75

IPilogue

DECEMBER 20, 2021

In the United States, copyright holders have the sole right to prepare derivative works , including major copyrightable elements of an original, previously created work. Unfortunately, laws around fanfiction and fanart are not clear. Despite the legal uncertainty, fanfiction and fanart continue to rise.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

TorrentFreak

JANUARY 25, 2023

and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work. In this lawsuit alone, Bungie has already incurred litigation costs in excess of $338,000. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc.,

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TorrentFreak

OCTOBER 17, 2022

The defendants accepted that their cheating software “displays a graphical overlay” that integrates into and annotates Bungie’s copyrighted Destiny 2 work, and injects new code into Destiny 2’s copyrighted code, in both cases creating an unlicensed derivative work. 11020781 Canada Inc., Bungie Continues to Connect The Dots.

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Settlement Derivative Work Copyright Litigation 122

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. Fair use is a failure b/c the only way to know if something is fair or not is to litigate to the Supreme Court, and you might not know even then.

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Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

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Licensing Derivative Work Intellectual Property Moral Rights 52

LexBlog IP

FEBRUARY 28, 2022

Controversy” [8] : The Litigation. 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]. Xpectation” [37] : Takeaways.

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Fair Use Derivative Work Art Licensing 97

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Kluwer Copyright Blog

APRIL 22, 2022

Our analysis of the concept of work also investigated the legal status of secondary (derivative) works in relation to the (primary) works used in the input in the context of AI music outputs. 1] (On the topic of AI outputs and derivative works, see here.).

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LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

LexBlog IP

DECEMBER 19, 2023

Finally, an AI model trained on synthetic data may still generate outputs that are potentially infringing on copyright-protected works depending on the similarity of such outputs to those original works. This decision is currently on appeal, and no U.S.

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IP Derivative Work Copyright Copyright Infringement 52

TorrentFreak

JANUARY 6, 2023

Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued.

Copyright 113

Copyright Music Licensing Publishing 113

43(B)log

AUGUST 11, 2022

Do other jurisdictions have litigation over editors/give © credit to editors? Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. Not available in ©. A: editor example is tricky b/c it’s about construction of originality.

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Music Copyright Ownership Derivative Work 56

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

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