IP Watchdog

OCTOBER 12, 2022

Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

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Kluwer Copyright Blog

DECEMBER 12, 2023

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 ). However, TDM for commercial purposes under Article 4 may be opted-out ( see here ).

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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.

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IPilogue

DECEMBER 20, 2021

In both the United States and Canada , costumes do not fall under copyright protection given their classification as “useful articles.” In the United States, copyright holders have the sole right to prepare derivative works , including major copyrightable elements of an original, previously created work.

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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.

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Velocity of Content

APRIL 30, 2024

Shumaker: I’m also curious about CCC’s role in any of the current litigation. But we don’t keep track of this, and we don’t get involved in their litigation decisions. Called RightsLink for Scientific Communications, it covers a wide range of publishers and tens of thousands of articles every year. Rowland: Yes.

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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. ” Slip Op., ” Id. ” Id.

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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.

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

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Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

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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.” “Netflix would not authorize and did not want them to engage in any live performances (e.g., Metro-Goldwyn-Mayer, Inc.

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LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

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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.

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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.

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Kluwer Copyright Blog

JUNE 7, 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). By contrast, the 35-year termination right in the U.S

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Kluwer Copyright Blog

APRIL 22, 2022

A recent report in the context of the reCreating Europe project addresses this question, building on previous work from some of its authors, namely a study on “Trends and Developments in Artificial Intelligence: Challenges to IP” (summarised in a previous post ) and this article. Example workflow diagram by artist duo Hyper Music.

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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. Warhol used it to create the other Prince Series works. Goldsmith.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Under copyright protection, startups have the exclusive right to reproduce their works and distribute them to the public. Copyrights also provide startups with the authority to create derivative works based on their original creations. Design patents: Design patents protect novel ornamental designs for an article.

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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.

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Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

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Technology & Marketing Law Blog

JUNE 20, 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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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.

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LexBlog IP

JANUARY 10, 2024

” Since the first statutory Crown copyright provision in section 18 of the UK Copyright Act of 1911, the scope of the right has been further refined to assure copyright protection to “works ‘by an officer or servant of the Crown in the course of his duties.’” ” Trump Responding Brief at 5.

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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.

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Technology & Marketing Law Blog

MARCH 7, 2022

The one actually litigated in the case (these images come from the complaint) is here.) After the jury verdict, H&M asserted for the first time that Unicolors’ copyright registration was invalid, because it had improperly registered 31 different fabric designs together as works “included in a single unit of publication.”

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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. Google] , 804 F.3d 3d [202,] 215-216 [(2d Cir. ” Morford , at 13.

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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.

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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”?

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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. Stability AI Ltd., Andersen v.

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Copyright Fair Use Copyright Law Copyright Infringement 95

LexBlog IP

JULY 21, 2021

To avoid these issues, religious groups can implement copyright law to prevent all impermissible copying and distribution of the religious works and any derivative works, and therefore maintaining their doctrinal purity. So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). ” Id.

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