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. licenses for specific uses).

Copyright 122

Copyright Art Licensing Contracts 122

TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” New law that came into force in April 2023 allows the free use of copyright works for parody, pastiche, and caricature.

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

IPilogue

OCTOBER 26, 2022

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ).

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

IPilogue

DECEMBER 9, 2022

Take-Two licensed Randy Orton’s likeness from WWE. The Defendants also filed a motion for partial summary judgement on the basis of three defences : 1) de minimus, 2) fair use doctrine and 3) implied license. 2016) it stated that the burden is on the Defendant to prove the copying was authorised. The Court’s Conclusions.

Fair Use 112

Fair Use Copying Licensing Copyright 112

Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot.

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

Patently-O

FEBRUARY 20, 2024

The case now before the Supreme Court arose when Sherman Nealy’s collaborator licensed their co-created songs without Nealy’s permission (while Nealy was incarcerated). Nealy sued many years later in 2018 upon learning of the unauthorized licenses in 2016. See 38 U.S. Under 35 U.S.C. §

Music 104

Music Copyright Due Diligence Licensing 104

The IP Law Blog

AUGUST 4, 2022

The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those media companies used Instagram’s proprietary embedding tools.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. We limit our analysis accordingly.

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.

Copying 52

Copying Copyright Law Copyright Editing 52

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

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

The IP Law Blog

MARCH 23, 2023

10, 2023), the Ninth Circuit held that the trial court had properly enforced contractual provisions to find that the Plaintiff’s copyright infringement claims were barred by the agreed-to shortened, statute of limitations period. Evox Productions creates and licenses images of cars. Chrome Data Solutions, LP (filed Feb.

Copyright Infringement 98

Copyright Infringement Copyright Licensing Intellectual Property 98

Kluwer Copyright Blog

FEBRUARY 8, 2024

As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

Publishing 130

Publishing Contracts Art Copyright 130

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. Copyright Law and DRM. Still, here’s the relevant section.

Copying 116

Copying Social Media Licensing Technology 116

Copyright Lately

MARCH 16, 2023

But in 2016, Sonny Bono’s heirs issued a notice of termination under Copyright Act section 304(c) on various music publishers to whom Sonny had previously assigned rights in his musical compositions. In addition, Cher’s complaint only references copyright termination in the context of Composition Royalties.

Copyright 76

Copyright Music Contracts Settlement 76

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed. federal copyright law)?

Fair Use 98

Fair Use Derivative Work Licensing Art 98

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Intepat

JUNE 9, 2023

In 2016, India introduced its National IPR Policy with the objective of stimulating creativity, protecting intellectual property, and promoting its commercialization. But first, let’s look at what the 2016 India’s National IPR Policy states. The major focus is to promote “Make in India” products.

Intellectual Property 52

Intellectual Property Inventor IP Technology 52

The IP Law Blog

MARCH 24, 2022

The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. The photos, therefore, appeared on websites without any license from the original photographers. The photographers filed a class action claim against Instagram.

Copyright Infringement 98

Copyright Infringement Copyright Advertising Advertising 98

TorrentFreak

JULY 18, 2023

In common with content created in other fields, photographs generally enjoy protection under copyright law, allowing photographers to determine who can duplicate and/or distribute their work. Photographers Alexis Hunley and Matthew Brauer posted several of their copyrighted works on Instagram.

Copyright Infringement 80

Copyright Infringement Copyright Copying Social Media 80

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Case number: No. 19-2420-cv. by Tito Rendas. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Case number: No. 19-2420-cv. by Tito Rendas. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. million abstracts.

Copyright 122

Copyright Social Media Publishing Licensing 122

TorrentFreak

MAY 15, 2023

” That wasn’t what Maria Schneider had in mind, according to her 2016 Music Tech Policy piece, which begins with a surprise apology. When copyright holders report uploaded content as infringing, YouTube follows the DMCA and takes the content down. “OK, I know: that title really hits below the belt. I apologize.

Copyright 130

Copyright Intellectual Property Business Licensing 130

IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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. copyright law really doesn’t seem to give UMG a ton of options.

Music 87

Music Copyright Copying Copyright Law 87

SpicyIP

JULY 5, 2021

Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Degrees) Regulations, 2016 which mandates the submission of an electronic copy of the Ph. The thesis being a public record raises an important query in copyright law with respect to its control by the author.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

LexBlog IP

AUGUST 4, 2022

The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those media companies used Instagram’s proprietary embedding tools.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

JIPL Online

FEBRUARY 25, 2021

Most notably, it means that the artist doesn’t have the authority to license the use of that sound recording as a sample in another work as this right has been transferred to the record label. [13] 26] Generally, copyright law doesn’t preempt the right of publicity since one’s identity or persona is outside the scope of copyright law. [27]

Music 98

Music Ownership Copyright Law Contracts 98

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection?

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Copyright Lately

OCTOBER 18, 2021

Does a copyright termination by Sonny Bono’s heirs trump Cher’s marital settlement agreement? Copyright and family law intersect in Cher v. As I’ve discussed before here on Copyright Lately , copyright termination is one of the thorniest areas of copyright law.

Settlement 104

Settlement Music Copyright Publishing 104