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

Olartemoure Blog

APRIL 14, 2023

However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work. The decision focused on the fact that the sweatpants worn by Shayk were not a pre-existing work, but rather a “useful article.”

Branding 52

Branding Brands Branding Derivative Work 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. However, this may not be necessary in certain cases where copyright limitations apply.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Intepat

JANUARY 8, 2024

student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. 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.

Copyright 138

Copyright Fair Use Copyright Law Law 138

The IP Law Blog

DECEMBER 30, 2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Paramount has since filed a motion to dismiss the case. Listen to this podcast episode here.

Blogging 52

Blogging Derivative Work IP Law 52

LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

Artwork 52

Artwork Derivative Work Copyright Editing 52

IP and Legal Filings

MAY 3, 2024

Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

Fair Use 89

Fair Use Copyright Privacy Copying 89

IP Tech Blog

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

The IPKat

JANUARY 27, 2024

You can read her full article in GRUR International here. Copyright Eleonora Rosati alerted readers to the latest referral on the meaning of originality in EU copyright law - this time, a referral from Romania regarding the protectability of a critical edition of a work (a type of derivative work).

Derivative Work 62

Derivative Work Intellectual Property Editing Copyright 62

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It was also held in this case that in the case of a work inspired by already existing works, the new or ‘derivative work’ should be considerably different from the existing works.

Copyright 94

Copyright Artistic Work Copyright Law Art 94

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 87

Copyright Law Art Copyright Law 87

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Note that the Berne Convention speaks of writings, lectures, paintings or sculptures (Article 2(1)).

Copyright 138

Copyright Derivative Work Music Copying 138

Velocity of Content

APRIL 11, 2024

“Despite efforts by LLM providers to avoid reproducing lengthy excerpts from single works, strings of words from ingested works persist in LLMs. This article originally appeared in IP Watchdog. GenAI systems use copies of content like books and articles, many of which are protected by copyright, for training their LLMs.

Licensing 52

Licensing Fair Use Copying Copyright 52

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Intepat

OCTOBER 7, 2022

Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. an article made with artistic skill.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

The IPKat

DECEMBER 20, 2023

Currently, TDM exceptions for non-commercial use exist in some jurisdictions such as the UK ( Article 29A, CDPA ), whereas in the EU the exception in Article 4 of the DSM Directive applies to any type of use, but rightsholders have the ability to opt their works out of the TDM exception.

Music 73

Music Social Media Copying Derivative Work 73

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. See article below). Learn more about NFT Copyright Issues here. The digital asset.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

IPilogue

DECEMBER 20, 2021

Luckily for most cosplayers, their costumes likely do not infringe copyright laws. In both the United States and Canada , costumes do not fall under copyright protection given their classification as “useful articles.” Unfortunately, laws around fanfiction and fanart are not clear.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

LexBlog IP

MAY 22, 2023

Warhol created the print that was used in the 1984 Prince article in Vanity Fair , for which Goldsmith received her modest sum and artistic credit. The Use Upon Prince’s death in 2016, Condé Nast (the parent company of Vanity Fair ) ran a commemorative feature on Prince and used another Warhol-based-on-Goldsmith work.

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. an article made with artistic skill.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

LexBlog IP

APRIL 23, 2023

copyright law, only works created by human authors are eligible for copyright protection. AI-generated material alone is not considered a work of authorship and cannot be protected under copyright law. Derivative Works and AI-Generated Material A. Authorship and Human Contribution A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

The IPKat

OCTOBER 1, 2022

copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law. Symbolic meanings of works or the author’s intent have been deemed irrelevant to the evaluation of originality (as outlined in the U.S.

Copying 97

Copying IP Copyright Law Designs 97

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 67

Music Copyright Derivative Work Ownership 67

The IPKat

NOVEMBER 15, 2023

Mr Blackmore also raised the issue of copyright protection of AI created works. Questions that need to be answered are: ‘Are such works deemed derivative works?’ While they are not experts in copyright law they were interested lay persons.

Reporting 70

Reporting Derivative Work Intellectual Property Copyright 70

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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.” First, as far as copyright cases go, this one’s easy. Was it a license on the world’s greatest terms?

Music 104

Music Derivative Work Fair Use Cease and Desist 104

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

The IPKat

MARCH 22, 2024

Here’s what Caroline writes: Navigating the high notes: Taylor Swift's copyright dispute by Caroline Theunis Cardigan , IPKat-style Rumor suggests that Taylor Swift is gearing up to re-release her album “Reputation”. This would be the last-but-one of her project re-recording masters into “Taylor’s Versions”.

Moral Rights 70

Moral Rights Copyright Music Art 70

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1291 (Gorsuch, J., concurring).

Fair Use 105

Fair Use Licensing Music Art 105

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Blogging 52

Blogging Law IP Fair Use 52

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.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Likelihood of Confusion

MARCH 8, 2024

David Donoghue reports on an interesting copyright issue blowing around Chicago, my home away from home: The Chicago Tribune‘s Ameet Sachdev reported that an ongoing copyright dispute may be coming to a head at the corner of Michigan Avenue and Randolph Street in Chicago, click here for the Tribune article.

Licensing 52

Licensing Reporting Copyright Derivative Work 52