The IPKat

SEPTEMBER 24, 2023

The problem is not human, but the work In fact, the whole issue is not about a person, but about a work. So, there is no literal and non-literal copying of a work. A work is always just a creative combination of elements such as words, sounds, shapes or colors. This is pure fiction.

Copyright 138

Copyright Derivative Work Music Copying 138

JIPEL Copyright Blog

APRIL 28, 2021

In fact, at the very start of lockdown in March and April 2020, Archive of Our Own (AO3), a very popular fanfiction site, found that their weekly site visits had gone up 60% from the same time the previous year. This is not to say that fanfiction is a new phenomenon, however.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

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 95

Blogging Copying Social Media Copyright 95

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Intellectual Property Office Blog

JULY 29, 2021

million viewers back in 2020. The specific wording states 'non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content'.

IP 85

IP Branding Brands Branding 85

TorrentFreak

JANUARY 6, 2023

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. In this respect, YouTube says it is entitled to summary judgment on 114 of Schneider’s 381 infringment claims.

Copyright 114

Copyright Music Licensing Publishing 114

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. In December 2020, EleutherAI introduced this dataset in a paper called “ The Pile: An 800GB Dataset of Diverse Text for Language Modeling ” ( here ).

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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 95

Fair Use Derivative Work Blogging Licensing 95

JIPL Online

APRIL 9, 2021

277 (2020). [iv] 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? 25, 2020), [link] ; [xxi] Adam Hayes, Cost-Benefit Analysis , Investopedia [link] (last visited Mar. iv] Maxwell L. Stearns, Todd J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

DECEMBER 24, 2023

The first was to ink an image of Tiger King star Joe Exotic (along with a can of Lysol and a “Quarantine 2020” toilet paper banner) onto her husband’s thigh as part of a gift certificate promotion for the business. Wilson had no difficulty finding that the unauthorized novel infringed the Tolkien works.

Copyright 106

Copyright Copyright Infringement Music Fair Use 106

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. It is an open legal question whether this would constitute an infringing derivative work.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 52

Copyright Lately

OCTOBER 3, 2022

In 2020, Southern District of Illinois judge Staci Yandle issued a key ruling when she denied defendants’ motion for summary judgment and granted Alexander’s motion for partial summary judgment. But first, here’s a quick recap of the trial verdict: How We Got Here. — Gaudzilla (@GaudzillaRX) October 1, 2022.

Fair Use 78

Fair Use Designs Design Licensing 78

LexBlog IP

AUGUST 23, 2023

2020), each step in the process forces a court into a role not unlike the art critic. For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” Newman, 959 F. 3d 1288, 1303 (11th Cir. ’” Id.

Copyright 52

Copyright Art Copying Derivative Work 52

43(B)log

SEPTEMBER 7, 2023

A PR rep sent an email to Gannett stating, “I would like to submit Microsoft’s 2020 Super Bowl ad, ‘Be The One,’ featuring Katie Sowers to the USA Today Ad Meter.”

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

LexBlog IP

JULY 21, 2021

75, 79 (2020). Aseri (2020) at 80]. ” Aseri (2020) at 70. ’” Dee (2020) at 119-120. Secrecy Reasons : “Some religions use copyright law to keep their religions secret; some religions do not want to disclose their works to the general public.” World Intellect. Brodsky , 993 F.Supp.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

JANUARY 18, 2023

Specifically, this means that acts of reproduction for the purposes of preserving copies of works within the scope of Sections 60e, 60f, 60h UrhG may, from now on, also be made by commercial organisations in the field of cultural heritage.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Copyright Lately

MARCH 6, 2023

Coakley’s Certificate of Engagement (from court files) Allegations of On-Set Misconduct Emerge Runt premiered at the Mammoth Film Festival in February 2020 , where the film took home the festival’s Audience Award for Best Feature Film. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

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). 202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form. complaint filed Jan.

Copyright 119

Copyright Blogging Publishing Fair Use 119

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Possibly related to internet adoption. Share of 9 th Circuit opinions also exploded in 2006. Only about 25% of cases assess similarity under prong one, whether striking, substantial, probative, or otherwise.

Trademark 72

Trademark Copyright Branding Brands 72