2017, Copying and Derivative Work - Intellectual Property Pulse

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

JANUARY 17, 2024

Translated into copyright language: a critical edition is an example of derivative work. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. Despite (or rather because of ?) In my view, this is so even for reasons beyond the question of originality.

Derivative Work

Derivative Work Editing Copyright Music

Was Batman a Plagiarism?

Plagiarism Today

SEPTEMBER 28, 2022

Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced. These days, comic artists and comic fans do not tolerate this kind of copying. Where We Are Today.

Plagiarism

Plagiarism Copying Publishing Derivative Work

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

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. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use

Fair Use Derivative Work Artwork Copyright Law

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19]

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

LexBlog IP

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.

Fair Use

Fair Use Derivative Work Artwork Copyright Law

Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

MAY 26, 2022

Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work. The fair use defence is rarely used in music sampling cases.

Fair Use

Fair Use Copyright Infringement Copyright Music

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

Blogging

Blogging Copying Social Media Copyright

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. It found that all four fair use factors weighed against fair use. [12]

Fair Use

Fair Use Derivative Work Art Licensing

Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Many derivative works. 3] Graham v.

Fair Use

Fair Use Art Licensing Copyright Infringement

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Kluwer Copyright Blog

OCTOBER 4, 2023

Articulating these three as distinct exceptions has its advantages, as evidenced in Emily Hudson’s 2017 article , which posits that delineating pastiche as a separate exception could infuse greater flexibility into the EU copyright system, akin to the concept of transformative use in U.S. This perspective appears well-founded.

Copyright Law

Copyright Law Art Copyright Law

13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

OCTOBER 25, 2021

In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. The “Ghostbusters” folks eventually settled on Ray Parker Jr.

Copyright

Copyright Cinema Copying Copyright Infringement

Supreme Court Sides with Photographer Goldsmith in Warhol Case

LexBlog IP

MAY 31, 2023

This strategy sidestepped larger questions regarding whether the creation of the Prince Series itself or the display or sale of those works qualify as fair use, which AWF had urged the Court to consider. However , of those 152 transformative use cases, 138 held the use was fair use (more than 90%).

Fair Use

Fair Use Licensing Copyright Editing

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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.

Fair Use

Fair Use Derivative Work Blogging Licensing

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? [vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J. Matalon, Modern Problems Require Modern Solutions: Internet Memes and Copyright , 98 Tex.

Copyright Infringement

Copyright Infringement Copyright Intellectual Property Blogging

With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright

Copyright Social Media Plagiarism Fair Use

Intellectual Property Pulse

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

Was Batman a Plagiarism?

Trending Sources

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

Fair Use: Graham v. Prince and Warhol v. Goldsmith

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

13 Spooky Copyright Cases, Just in Time for Halloween

Supreme Court Sides with Photographer Goldsmith in Warhol Case

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

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