JD Supra Law

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. By: Weintraub Tobin

Blogging 40

Blogging Derivative Work IP Law 40

LexBlog IP

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

Kashishipr

NOVEMBER 17, 2021

Copyright is a bundle of rights and can be exploited in several ways independently from each other. What is an Assignment of Copyright? In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

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Copyright Ownership Licensing Intellectual Property 105

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.)

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Derivative Work Art Copying Fair Use 106

BYU Copyright Blog

MAY 20, 2024

Not Past the Post Yet Commercial Educational Materials,University May 20, 10:08 AM May 20, 10:07 AM In October 2021, we first published a blog post on a case filed by Post University against Course Hero.

Derivative Work 52

Derivative Work Copyright Notice Settlement Ownership 52

Velocity of Content

SEPTEMBER 2, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

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Copyright Licensing Social Media Derivative Work 116

IPilogue

MAY 26, 2022

Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. Both suits were settled.

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Fair Use Copyright Infringement Copyright Music 111

Kluwer Copyright Blog

APRIL 3, 2024

For more details on the first instance decision as a whole, see our prior Kluwer blog post here. By the time of trial, Lidl’s copyright claim was that the CCP Signs infringed the copyright subsisting in the Mark with Text shown below. Accordingly, the Mark with Text was a protectable copyright work as an artistic work.

Copyright Infringement 59

Copyright Infringement Copyright Copying Artistic Work 59

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work? Manipal v.

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Copyright Registration Music Copyright Law 105

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . Fanfiction and Fanart.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

IP Tech Blog

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g.,

Art 52

Art Fair Use Derivative Work Blogging 52

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 65

Music Copyright Derivative Work Ownership 65

LexBlog IP

FEBRUARY 20, 2024

Stability AI —the case in which a group of visual artists sued the makers of several different generative AI platforms for copyright infringement—tossed most of the plaintiffs’ claims last year. We’ll share the results on our blog next week. However, the court allowed the plaintiffs an opportunity to replead.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

SpicyIP

DECEMBER 17, 2023

[ This post is authored by Prachi Mathur and is the third post of the three-part post on the history of terms of copyright and translations in India. Image by Freepik In part I and II of the post, I analysed the historical development and debates on the term of copyright in India.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

IP Tech Blog

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust.

Copyright 48

Copyright Copying Copyright Infringement Editing 48

Technology & Marketing Law Blog

AUGUST 1, 2023

One is tempted to characterize these plaintiffs as copyright “trolls.” It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it.

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Blogging Copying Social Media Copyright 97

LexBlog IP

DECEMBER 21, 2021

Under copyright law in the 1940s, copyrights registered for an initial 28-year period, and that period could then be renewed for an additional 28 years with proper filings. Supreme Court precedent to sort of “reclaim” the copyright. Why then did the film turn into the Christmas classic we know today?

Copyright 40

Copyright Public Domain Derivative Work Copyright Law 40

LexBlog IP

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. ” “The Idea of copyright is actually a bundle of different rights. one of the copyright rights is the right to prepare derivate works (e.g.,

Art 52

Art Fair Use Derivative Work IP 52

IP and Legal Filings

MAY 15, 2024

Introduction Intellectual Property Rights are intangible rights All rights related to the property are exclusively reserved with the copyright holder. Main Blog Unlicensed use of any content registered under the Copyright Act, 1957 , violates the exclusive rights of the owner and amounts to copyright infringement.

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Licensing Intellectual Property Ownership IP 79

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Kluwer Copyright Blog

OCTOBER 5, 2022

Most of you may well be familiar with the concept of Creative Commons licensing, but to reiterate, Creative Commons (CC) is a not-for-profit copyright licensing organisation. NFTs have been talked about in considerable detail elsewhere on the blog (see e.g., here and here ), so I shall not be discussing this concept in further detail.

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Licensing Technology Public Domain Non-Fungible Tokens 108

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Copyright? Copyrights protect creative works. Patents protect inventions.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

In furtherance of our previous blog which recognised the need for protection of the Intellectual Property (IP) involved in Traditional Cultural expressions (TCE), this article discusses the Legal and Institutional Initiatives that Nations or bodies may use to pave a way for their protection.

Derivative Work 68

Derivative Work Ownership IP Intellectual Property 68

Kluwer Copyright Blog

DECEMBER 12, 2023

And like every ‘wave of creative ‘digital’ destruction’, the latest wave of Generative AI, too first knocked on the gates of copyright. Generative AI offers an unprecedented potential to create any kind of work – be it written, audiovisual, or even programming code – upon a mere prompt.

Copyright 75

Copyright Derivative Work Music Designs 75

JIPEL Copyright Blog

APRIL 28, 2021

While on their face, these fanfiction communities may seem like harmless outlets for fans, existing copyright doctrine actually renders much of these works as infringements of copyright. When evaluating the first factor for a fanfiction, courts would look to the extent to which the unlicensed work was transformative in nature.

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Derivative Work Fair Use Copyright Marketing 45

IPilogue

SEPTEMBER 13, 2022

Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. The song writing duo seemed to have crossed the line when they began profiting off the Bridgerton brand.

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Social Media Music Intellectual Property Content Creation 105

LexBlog IP

APRIL 15, 2022

But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses? copyright protection in 2024. Copyrighted materials are protected until 70 years after the author’s death.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

Intellectual Property Brief

MARCH 10, 2022

The development of three-dimensional information is becoming ever more beneficial for the construction industry; yet, with this rapid expansion of technology comes an equally rapid expansion of legal issues over intellectual property, specifically over ownership, rights of use or reuse, liability, confidentiality, and derivative works.

Intellectual Property 52

Intellectual Property Derivative Work Business Confidentiality 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kashishipr

JULY 13, 2022

In the AR field, however, more IP disputes are likely to occur concerning trademark, copyright, public display, and performance, where articulating and defending against infringement matters is always more art than science. The copyright-related questions arise with the extent to which the content in the AR field shall be registrable.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Section 2(o) of the Copyright Act defines “literary work” and includes computer programs, tables, and compilations including computer databases. It is given for 60 years.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

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Fair Use Derivative Work Blogging Licensing 97

Intellectual Property Office Blog

JULY 29, 2021

According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram. We’ve talked about a lot of different types of intellectual property in tonight’s blog. To keep in touch, sign up to email updates from this blog, or follow us on Twitter.

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IP Branding Brands Branding 85