Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market). I’ll keep you posted about the outcome.

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Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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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] Many derivative works. 2023) (slip op.,

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The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law. As in the U.S., see this chapter.)

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Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023. Atlantic Records Lyrically Challenged. Carter wrote in Jones v. Polychron v.

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LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. This “reductionist view” of the character of the use over-emphasized the commercial licensing of the work, upending the balance “between rewarding original creators and enabling others to build on their works.”

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IP Intelligence

JUNE 7, 2023

1258, (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. Goldsmith , 598 S. concurring).

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Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. ” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5%

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Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. case number IL-2023-000007). 35 quoting OpenAI’s paper introducing GPT-4 dated March 2023). and others v. Stability Al Ltd.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 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.

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LexBlog IP

JUNE 7, 2023

1258, (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.

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Patently-O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. Guest Post from Professors Pamela Samuelson , Christopher Jon Sprigman , and Matthew Sag.

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IP Intelligence

JUNE 6, 2023

1258, (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. Goldsmith , 598 S. concurring).

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023). [2]

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SpicyIP

SEPTEMBER 4, 2023

Deadline- October 15, 2023. A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Image from here Smells like Luxury, Does it Cost a Trademark Battle? Dabur India Ltd.

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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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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LexBlog IP

OCTOBER 25, 2023

The question then arises as to whether the fiction writer alone owns the copyright to work drawn in whole or part from another’s writings or experience. . ‘The Covenant of Water’ is a rich, heartfelt novel. That question recently arose in Sonya Larson v. ” Let’s see why.

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SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

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The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” Zillow Group, Inc.,

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Kluwer Copyright Blog

JUNE 7, 2023

Ginsburg’s lecture took place on 3 May 2023. is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). As an example, Prof.

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Technology & Marketing Law Blog

JUNE 17, 2023

2023 WL 3449131 at *1 (N.D. May 11, 2023). As of May 2023, GitHub has updated this provision on its website to explicitly read “any code, text, … documents, or other files”). GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. GitHub, Inc. –Doe 1 v.

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LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023).

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LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023).

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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.’

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43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Campbell v. Gannett Co., 4:21-00557-CV-RK (W.D. Amount: the whole photo.

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Kluwer Copyright Blog

JULY 16, 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. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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LexBlog IP

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. ” The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to. Likewise, Zillow used each photo independently to market home designs. Zillow Group, Inc.,

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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?

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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. A trial is set to begin February 28, 2023.

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TorrentFreak

OCTOBER 10, 2023

Responding to a request from the Office of the US Trade Representative (USTR), the music group added “AI Vocal Cloning” as a new category in its annual overview of ‘notorious’ piracy markets. On top of that, the voice models infringe the artists’ rights of publicity.

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SpicyIP

OCTOBER 2, 2023

SpicyIP Tidbit: GII 2023 – India Retains its 40th Rank India ranks 40th in the Global Innovation Index, 2023! on 21 September, 2023 (Delhi High Court) Image from here The plaintiff alleged infringement of its suit patents in parts of combined harvester by the defendants. Case Summaries Kubota Corporation v. Defendant no.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Likewise, paragraph 47 of Trump’s complaint specifically alleges “President Trump never sought to create a work of joint authorship, and in the hours of the Interviews, there is neither allusion to nor confirmation of such.” Factor four: the effect of the use upon the potential market for or value of the copyrighted work.

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