TorrentFreak

NOVEMBER 2, 2022

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. For those with a desire to conquer but an aversion to putting in work, options are plentiful too. Bungie and Ubisoft Sued Ring-1. Defendants Picked Off, One By One.

Settlement 111

Settlement Cease and Desist Confidentiality Social Media 111

Copyright Lately

AUGUST 2, 2022

Produced by Shonda Rhimes’ Shondaland and based on the novels by Julia Quinn, Bridgerton was seen by a then-record 82 million households when the first season premiered on Netflix in early 2021. Fast forward to September 2021 when “The Unofficial Bridgerton Musical” became the top album on iTunes’ U.S.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Plagiarism Today

DECEMBER 1, 2021

” This drew the attention of Ian Boudreau, the senior writer at PCGamesN, who responded with this: In other news, plagiarism is way faster than original writing, and much easier — Ian Boudreau (@iboudreau) November 29, 2021. pic.twitter.com/Fn6i9sqPpe — Ian Boudreau (@iboudreau) November 30, 2021. Why Bother?

Plagiarism 236

Plagiarism Derivative Work Copying Licensing 236

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

IPilogue

MAY 26, 2022

The allegedly infringing sample is used on “Come to Life”, a song featured on his 2021 album “Donda”. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. Moten sought damages from West and co-defendants, G.O.O.D

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

Fair Use 87

Fair Use Social Media Licensing Marketing 87

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.

Copyright 75

Copyright Derivative Work Music Designs 75

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Rothschild began selling his METABIRKINS NFTs in December 2021. Also consider international markets. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

JULY 7, 2023

. “Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] 16] On December 9, 2021, the Foundation asked the U.S.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Intelligence

JUNE 7, 2023

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.” Evidence that Goldsmith actually used the work in a particular context. 1183 (2021). Goldsmith , 11 F.4th concurring).

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Rothschild began selling his METABIRKINS NFTs in December 2021. Also consider international markets. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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

LexBlog IP

JUNE 7, 2023

“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.” Evidence that Goldsmith actually used the work in a particular context. 1183 (2021). ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price.

Licensing 89

Licensing Copyright Contracts Advertising 89

TorrentFreak

SEPTEMBER 7, 2021

. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. “The Broadcast was essentially four hours long…In other words, the 4/22/21 Podcast used less than.3%

Copyright 116

Copyright Fair Use Copyright Infringement Copying 116

IP Intelligence

JUNE 6, 2023

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.” Evidence that Goldsmith actually used the work in a particular context. 1183 (2021). Goldsmith , 11 F.4th concurring).

Fair Use 40

Fair Use Licensing Music Art 40

Intellectual Property Law Blog

JUNE 5, 2023

While we cannot, nor do we attempt to, catalog all of the ways in which an artist may achieve that end, we note that the works that have done so thus far have themselves been distinct works of art that draw from numerous sources, rather than works that simply alter or recast a single work with a new aesthetic.” [5]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

Blogging 96

Blogging Copying Social Media Copyright 96

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. 4) Relatedly, the hostility that the FTC Comments express in relation to indemnification is puzzling.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

NOVEMBER 8, 2021

After all, on 7 June 2021, a new copyright liability regime for certain online platforms entered into effect: Art. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive). ” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.

Non-Fungible Tokens 76

Non-Fungible Tokens Copyright Intellectual Property Ownership 76

LexBlog IP

JUNE 5, 2023

While we cannot, nor do we attempt to, catalog all of the ways in which an artist may achieve that end, we note that the works that have done so thus far have themselves been distinct works of art that draw from numerous sources, rather than works that simply alter or recast a single work with a new aesthetic.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

While we cannot, nor do we attempt to, catalog all of the ways in which an artist may achieve that end, we note that the works that have done so thus far have themselves been distinct works of art that draw from numerous sources, rather than works that simply alter or recast a single work with a new aesthetic.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

The IPKat

SEPTEMBER 14, 2023

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘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.’

Copyright 91

Copyright Derivative Work Copyright Law Law 91

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 137

Copyright Fair Use Copyright Law Law 137

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed.

Copying 124

Copying Non-Fungible Tokens Contracts Copyright 124

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” b)(4) (2021).] H&M (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Factual and Procedural Background. 3d 1194 , 1196 (9th Cir. b)(4)(i)(A) (2011).

Registration 77

Registration Blogging Copyright Designs 77

Kluwer Copyright Blog

MAY 20, 2024

Everything old is new again: the Pelham case after §51a UrhG The introduction, in 2021, of §51a UrhG put another coin in the jukebox. 5 (with its limited and closed list of exceptions) kicked in. Adopted to fill the gap left by §24, and pursuant to art. Although AG Crúz Villalon argued in his Opinion (para.

Copyright Law 65

Copyright Law Law Copyright Derivative Work 65

Copyright Lately

MARCH 6, 2023

Cameron Boyce and Nicole Berger ( Runt ) As the parties negotiated in mid-2021, Virtuoso says Coakley demanded $1,375,000 to fund a pilot for one of his other projects, allegedly threatening to take actions that would be “harmful to the commercial success of Runt ” if his demand wasn’t met. LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Specifically, an interview may be registered as a literary work if it has been fixed in a written transcript, an audio recording, a video recording, or other medium of expression.” Factor four: the effect of the use upon the potential market for or value of the copyrighted work.

Copyright 119

Copyright Blogging Publishing Fair Use 119