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rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

2023 WL 416080, No. Copyright infringement: Rebinding doesn’t create a derivative work. A derivative work must involve an original work being “recast,” “transformed,” or “adapted,” and nothing like that took place here. Steeplechase Arts & Productions, L.L.C. Wisdom Paths, Inc.,

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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

The IP Law Blog

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. However, the Court noted that “the mere fact that a work is copyrighted does not mean that every element of the work may be protected.” OpenAI, Inc.

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Court Dismisses Most Claims in Authors’ Lawsuit Against OpenAI

LexBlog IP

The court rejected the conclusory assertion that every output of ChatGPT is an infringing derivative work, finding that plaintiffs had failed to allege “what the outputs entail or allege that any particular output is substantially similar – or similar at all – to [plaintiffs’] books.” 7, 2023). [3]

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Podcast: SPB’s Joe Grasser Covers Art Appropriation with INDICAM

IP Tech Blog

21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world”. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., It’s a way where you take your original work and add new expression to it. Goldsmith et al, Case No.

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Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection

The IP Law Blog

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. In JBrick, LLC v. Chazak Kinder, Inc.

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Generative AI: Remunerating the human author & the limits of a narrow TDM Exception

Kluwer Copyright Blog

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 ). If there were to be a broader E&L, then what should be the design of such a framework?