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Other Barks & Bites for Friday, July 21: Second Circuit Says Derivative Works Can Cover Unregistered Material, Surrey Hotel Trademark Not Conveyed by Sale, and 9,000+ Authors Ask for Generative AI Compensation

IP Watchdog

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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Checklist of Issues on Generative IP

Kluwer Copyright Blog

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. Protection of fame monetization vs privacy b. Potential role of three-step test (Berne 9(2)/TRIPS 13) 2. For reproduction: traditional analysis b.

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Copyright Fair Use for Education

IP and Legal Filings

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. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

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RIAA Reports AI Vocal Cloning Site ‘Voicify’ to the U.S. Government

TorrentFreak

“This has led to an explosion of unauthorized derivative works of our members’ sound recordings which harm sound recording artists and copyright owners,” the RIAA reports. 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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Oops, I sampled again… The meaning of ‘pastiche’ as an autonomous concept under EU copyright law

Kluwer Copyright Blog

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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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

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