Kluwer Copyright Blog

MARCH 13, 2024

From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works. However, it is only a first step towards making user’s rights a reality.

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Copyright Art Licensing Contracts 122

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. It isn’t human-readable and does not contain copies of any audio recordings.

Music 87

Music Copyright Copying Copyright Law 87

IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. On the other hand, Warhol’s great commercial success was the choice of the market. A permissible derivative creation, or fair use, requires transformative changes made to the original.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

Velocity of Content

OCTOBER 21, 2021

Access Copyright. The RRO in English-speaking Canada had sought to enforce a Copyright Board tariff against the University for its unauthorized distribution of copies of copyrighted materials to students, and the University had defended primarily on the basis of “fair dealing.”

Licensing 105

Licensing Copyright Intellectual Property Reporting 105

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.”

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The suit was originally levied by photographer Lynn Goldsmith after a 2016 Vanity Fair issue brought to light a series of images that Warhol produced of Prince based on a photograph taken by Goldsmith.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

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Related Rights Law Copyright Copying 52

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Evidence of the scope of the market (magazines about the life of Prince, as opposed to a magazine article about the work of Andy Warhol). ” (S. ” Id. ” Id.

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Fair Use Licensing Music Art 52

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.”

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.”

Fair Use 40

Fair Use Licensing Music Art 40

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work.

Law 52

Law Copyright Television Copyright Infringement 52

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. The Tide Turns.

Blogging 83

Blogging Copyright Settlement Music 83

IP and Legal Filings

FEBRUARY 17, 2022

The fact that the media experience (whether in a book, film, video, game, or interactive television) depends on both the creator, whose rights are protected by copyright law, and the viewer, who brings their own personal vision to the character, has become increasingly important in the context of interactive technology and user-generated content.

Fair Use 63

Fair Use Copyright Television Copying 63

LexBlog IP

JULY 21, 2021

Before jumping into comparative law issues, one should note that these questions are ones of concern beyond lawyers, and have much greater practical importance than “ How many angels can dance on the head of a pin ?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. So too with unjust enrichment, which was based on defendants’ copying.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Meticulous Market Research Pvt. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”? complaint filed Jan.

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Copyright Blogging Publishing Fair Use 118

LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52