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

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. Said advertisement featured actor Max Tortora dressed up as popular character Zorro. Hence, a new assessment will need to be conducted to determine if the advertisement at issue would satisfy the conditions above.

Copyright 138

Copyright Law Advertising Advertising 138

BYU Copyright Blog

OCTOBER 25, 2021

LTF asserts that the logo has been used extensively on apparel and other products sold by the university and in advertisements throughout the state of Louisiana and wherever the university's sports teams travel.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

IPilogue

DECEMBER 20, 2021

In the United States, copyright holders have the sole right to prepare derivative works , including major copyrightable elements of an original, previously created work. The majority, however, see fan-made content as a form of flattery , and essentially, free advertising for the original work.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Technology & Marketing Law Blog

OCTOBER 6, 2022

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. Tattoo Advertising/Human Billboards. The tattoo industry has largely avoided copyright scrutiny. Warner Bros. Copyright in Tattoos.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kashishipr

JULY 13, 2022

In the ongoing digital era, most AR apps work by identifying a 2D symbol or physical object and then animating that view before the user’s eyes to set an illusion that it has transformed into something else. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object?

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Intellectual Property Office Blog

JULY 29, 2021

As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. Love it or hate it, Love Island has fast become one of the UK’s most watched shows, peaking at 5.9 million viewers back in 2020. The premise of the show is, as the name suggests, to find love.

IP 85

IP Branding Brands Branding 85

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Corsearch

MARCH 13, 2023

We also provide a full suite of Entertainment Availability and Copyright search offerings which include a Full US Copyright Search, enabling you to learn everything about the original copyright, registration, renewals, and all derivative works for the copyrighted work.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.

Artwork 82

Artwork Contracts False Advertising Art 82

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. It’s available from the Microsoft Store in trial format but gets pretty costly if users want to cover all possible services.

Copying 116

Copying Social Media Licensing Technology 116

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The copyright owner of a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. Artists or designers invest a lot of skill and creativity to make their work distinctive.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Copyright Lately

AUGUST 14, 2023

He contends that because he’s in the business of licensing his photos as reference images and for the creation of derivative works, the parties’ uses “have the same purpose—the display of a portrait of Miles Davis. Is he allowed to accept a role in a commercial advertisement if the tattoo is visible?

Fair Use 85

Fair Use Social Media Licensing Marketing 85

Copyright Lately

MAY 1, 2023

Chrissy has created an unauthorized derivative work of the SpongeBob track (which probably won’t make Sire Records happy), but she likely hasn’t implicated any copyright interests in the UMG-owned Drake recordings that were used by Janet to train the original model. .” ” VMG Salsoul, LLC v. .”

Music 87

Music Copyright Copying Copyright Law 87

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The owner of the copyright in a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. In order to make their work distinctive, artists or designers invest a lot of skill and creativity.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Intepat

MAY 24, 2023

This agreement typically includes terms regarding exclusivity, compensation, quality standards, permitted usage and advertising methods, territorial limitations, and the provision of models, patterns, or samples. -transferee/licensee, with the intention of acquiring or transferring exclusive rights or approval to use technology. (4)TRADEMARK

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

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. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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 88

Licensing Copyright Contracts Advertising 88

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. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? Put differently, is it fair for corporations to have their cake and eat it too?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Copyright Lately

JANUARY 31, 2023

The First Amendment The principal factual difference between Astley’s case and Midler’s that Astley’s voice was not imitated in a commercial advertisement for an unrelated product. ” “The exclusive rights of the owner of copyright in a sound recording. ” 17 U.S.C. §

Music 99

Music Copyright Licensing Copyright Infringement 99

Technology & Marketing Law Blog

JANUARY 12, 2024

As for the claims’ equivalency to copyright law: We need not decide whether it is more appropriate to characterize Plaintiffs’ Complaint as implicating rights to (a) display or reproduce copies or (b) prepare derivative works because the Complaint invokes both rights and both rights are recognized under federal copyright law.

Copying 75

Copying Ownership Derivative Work Contracts 75

Kluwer Copyright Blog

NOVEMBER 8, 2021

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Patently-O

DECEMBER 11, 2023

granted defendants’ motion to dismiss in relation to the plaintiffs’ theory that the output of generative AI models were necessarily “all infringing derivative works” regardless of their substantial similarity to the plaintiffs’ original expression. Stability AI Ltd., Andersen v. Stability AI Ltd.,

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Both engaged in fierce competition for Yellow Pages advertising. It was written with a distinct style and message.

Copyright 87

Copyright Public Domain Copying Publishing 87

Copyright Lately

OCTOBER 25, 2021

In a ruling reminiscent of a case I’ve previously discussed involving “Sherlock Holmes,” the court held that any copyrights Harvey still held in its later derivative works couldn’t be used to enlarge the scope of protection for works already in the public domain. McDonald’s Corp.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] In the Amended Complaint, Hermès claimed that Rothschild first began advertising the NFTs under the “METABIRKINS” trademark on December 2, 2021, at Art Basel in Miami, Florida.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. ” Id. at 138-139.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

OCTOBER 2, 2023

Other Posts Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Image from here Google adwords as trademarks. Discussing the key aspects of the order and its implications, here is a post by Tejaswini Kaushal.

Licensing 59

Licensing Trademark Intellectual Property Copyright 59

43(B)log

AUGUST 11, 2021

Derivative works? Not all innovations are good or desirable: innovative advertising may target consumers in vulnerable positions; innovative branding can be employed for discriminatory/racist ad targeting. Whether a court engages with copyright limitations in the decision appears to make a big difference about who wins the case.

Trademark 72

Trademark Copyright Branding Brands 72

LexBlog IP

JANUARY 10, 2024

As noted here previously, one incapable of fitting within the definition of “author” might nonetheless have a right of publicity claim where copyright does not work, and using another’s voice for commercial gain is different from making fair use of a transcript of another’s words.

Ownership 52

Ownership Copyright Government Intellectual Property 52