LexBlog IP

JUNE 5, 2023

Vanity Fair commissioned Warhol to create the illustration, and Warhol used Goldsmith’s licensed photo to create a purple silkscreen portrait of Prince, which appeared with an article about Prince in Vanity Fair ’s November 1984 issue. ” Id. ” Id. Syllabus) at 4. . ” Slip Op., ” Id. ” Id. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

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 96

Blogging Copying Social Media Copyright 96

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. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

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

IP Watchdog

NOVEMBER 17, 2021

It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. As an exception to the general law prohibiting copying others’ works, it permits copying for a limited and “transformative” purpose, such as commentary, criticism, teaching, news reporting, scholarship, or research.

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

Copyright Lately

MAY 22, 2023

A lot of ink has been spilled ( mine included, if you need a refresher ) on litigation that ultimately boiled down to whether it was fair use for AWF to license the right to publish Warhol’s artwork based on Goldsmith’s Prince photo. Goldsmith. Put another way, it ain’t what you do, it’s the way that you do it.

Fair Use 91

Fair Use Licensing Copying Artwork 91

Patently-O

DECEMBER 11, 2023

But however it is interpreted, the sentence presents several concerns: 1) First, the sentence seems to assume that training a machine learning model on copyrighted works made freely available on the open Internet is likely to be deemed (or should be deemed) a copyright violation. That is far too hasty. 4] Authors Guild, Inc. Google, Inc.,

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kashishipr

JULY 13, 2022

Here in this article, we shall be discussing the IP issues that have already occurred or are likely to occur in the near future in the AR field. In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. It is just an illusion created by overlaying a digital view atop a physical view.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” Copyright owners should be able to defend their works against substantial unauthorized copying used for profit.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” Controversy” [8] : The Litigation. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Copyright Lately

OCTOBER 3, 2022

From a purely economic standpoint, Alexander’s case was the litigation equivalent of a tattoo fail. That $3,750 works out to a measly $71 for each month the case has been pending. ” Among those limited exceptions are situations in which a tattoo design is used as a work disconnected from the body on which it appears.

Fair Use 80

Fair Use Designs Design Licensing 80

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

AUGUST 23, 2023

And, there are still more challenges from authors and creators to the til-now-uncompensated use of their works to “train” artificial intelligence engines, as seen in the recent open letter from the Authors’ Guild to various tech companies. ’” Id. at 9 ( quoting Compulife Software Inc. Newman , 959 F.3d

Copyright 52

Copyright Art Copying Derivative Work 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? .

Copyright 120

Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases.

Licensing 89

Licensing Copyright Contracts Advertising 89

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JULY 21, 2021

Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy(ies) state that the work was inspired by a divine spirit. Compendium, at Section 313.2 ]. copyright law. ” Welsh (2015) at 134.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52