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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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. TSPs are natural or legal persons responsible for the validation and security of digital signatures.

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Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 91

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Leaving the law aside, generative AI triggered some backlash in 2022.

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LexBlog IP

MAY 19, 2023

The fair use doctrine (the basis of AWF’s copyright infringement defense) allows use of a copyrighted work by persons other than the author for “purposes such as criticism, comment, news reporting, teaching., scholarship, or research” [2] and is evaluated through multiple factors. Oracle America, Inc.

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Licensing Fair Use Copyright Derivative Work 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. They must get copyright subscriptions for original photos, audio recordings, videos, artwork, and text.

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Social Media Intellectual Property Registration Branding 52

Corsearch

AUGUST 2, 2023

Counterfeiting is one type of trademark infringement, where individuals or businesses use exact copies of registered trademarks to mislead customers and pass them off as your brand. Copyright Copyrights are granted to authors and creators of written and multimedia works such as books, movies, music, photographs, videogames, and artwork.

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Branding Brands Branding Reporting 52

The IPKat

DECEMBER 16, 2021

The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork). It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

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Copyright IP Ownership Copyright Infringement 89

LexBlog IP

MAY 19, 2023

copyright law identifies certain types of uses — such as criticism, comment, news reporting, teaching, scholarship and research — that are particularly important to our society. Some artists were concerned that to allow such appropriation without limits would undercut the secondary market for original works of art.

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Fair Use Derivative Work Copyright Law Art 52

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications.

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Fair Use Copyright Moral Rights Copyright Law 137

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. Cuttack’s Silver Filigree gets GI tag.

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Trademark Registration Copyright Patent 59

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

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Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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Fair Use Copyright Copying Technology 113

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

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. There is disagreement among commentators whether this is a desirable development.

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Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. It will focus on the s.10(3)

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Blogging Law IP Fair Use 52

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 According to a report by Business Insider, more than half of the 100 largest banks in the world have already invested in crypto and blockchain-based companies. billion in 2021 to USD 2.2

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 65

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR). In reaction, they invite for a Data Exclusivity law.

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Intellectual Property IP Government Invention 68

Copyright Lately

NOVEMBER 21, 2021

The breathless media reports soon followed. Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In The NFT isn’t the image.

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Copying Non-Fungible Tokens Contracts Copyright 127

Traverse Legal Blog

OCTOBER 20, 2022

Can I copy and use a digital asset linked to an NFT? Effect on market value: Has the use of the intellectual property affected its market value? A few examples of what may be considered fair use includes: teaching, journalistic reporting, criticism, comment, or research. Does “Fair Use” Apply to NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

LexBlog IP

APRIL 20, 2022

It concerned the campaign practice of Prabhu Datta Goud, a candidate for local village chief, who each day on the campaign trail would buy a live fish in the market and then cradle the flopping fish in his bare hands as he visited voters door-to-door. (He

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Intellectual Property Music Copyright Fair Use 52