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. It serves the purpose of having Intellectual Property Rights in existence that is to give legal rights for the protection of the invention and creation.

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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.

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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.

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IPilogue

SEPTEMBER 13, 2022

Netflix is now suing Bear and Barlow for stealing “ valuable intellectual property ” to build their global brand. 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.

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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., Goldsmith et al, Case No.

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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. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

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LexBlog IP

FEBRUARY 20, 2024

Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.

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LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

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Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

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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. one of the copyright rights is the right to prepare derivate works (e.g., It’s a way where you take your original work and add new expression to it.

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JIPL Online

NOVEMBER 1, 2021

These derivative works are not always supported or authorized by the original game publishers. Publishers and mod creators may soon become caught between the desire to provide freedom to players and the need to protect intellectual property rights. The ramifications of this practice are unclear.

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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.

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Intellectual Property Office Blog

JULY 29, 2021

The specific wording states 'non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content'. We’ve talked about a lot of different types of intellectual property in tonight’s blog.

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JIPL Online

APRIL 9, 2021

iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. With this brief background in mind, this blog post explores the implications of copyright protection of memes. [ii] Existing copyright law is ineffective in its application to new forms of digital media.

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Kluwer Copyright Blog

OCTOBER 5, 2022

That artwork itself is a copyrighted work and the NFT owner will only have rights to that copyrighted work if these have been specifically assigned or licensed to them as required by law. In their blog post , CC have effectively warned readers that many people misunderstand what a CC licence actually means. by Edward J.

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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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LexBlog IP

DECEMBER 21, 2021

Republic claimed that the film was a derivative work of both the film’s musical score and The Greatest Gift , the short story on which It’s a Wonderful Life is based. For anyone interested in more details, the Library of Congress created a helpful blog post a few years ago discussing the topic.

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LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. Disney carefully safeguards and enforces its intellectual property rights, and they will most likely sue if given a chance. While copyright protection expires, trademark protection does not.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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Kluwer Copyright Blog

APRIL 22, 2022

This two-part blog post contains a summary of our report’s conclusions and recommendations. A piece of AI music output created with one click on a button specifically for this blog post using folk-rnn could be enjoyed here: [link]. 1] (On the topic of AI outputs and derivative works, see here.). folk-rnn , Melomics ).

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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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Kashishipr

SEPTEMBER 15, 2021

Where a copyright is secured in the favor of the choreographer, it translates to the fact that the proprietor has the right to make copies, prepare derivative works or adaptations, distribute the same for sale, perform it, or even display it in another medium. Why Consider Registering a Copyright? For more visit: [link].

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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] These divergent approaches and the persistent lack of clarity delineating a transformative use from a derivative work may compel the Supreme Court to intervene.

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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. What is the intellectual property right that most suits NFTs? IP Rights and NFTs. Is this the same in the US and China? The United States.

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). This blog piece looks beyond the U.S.

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JIPEL Copyright Blog

MARCH 21, 2022

In the face of public backlash, Nintendo released a statement describing Slippi as a mod that violates their intellectual property. It is an open legal question whether this would constitute an infringing derivative work. Nintendo’s Statement After Issuing its Cease-and-Desist Letter via Email , November 19 th , 2020.

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LexBlog IP

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. What is the intellectual property right that most suits NFTs? IP Rights and NFTs. Is this the same in the US and China? The United States.

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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. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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Kluwer Copyright Blog

NOVEMBER 8, 2021

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. Top 3 Kluwer Copyright Blog posts. ” Top 3 Kluwer Trademark Blog posts. here and here).

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LexBlog IP

JULY 7, 2023

Ruling in a case previously discussed on this blog , the U.S. Many derivative works. ” [24] The Court emphasized the degree of transformation “must go beyond that required to qualify as a derivative.” 3] Graham v. Regardless of this decision, we expect Prince to continue to assert his fair use defense.

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Technology & Marketing Law Blog

OCTOBER 19, 2021

” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. There is some discussion about the First Amendment, but it’s so terrible that I can’t bring myself to blog it. Google appeared first on Technology & Marketing Law Blog.

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LexBlog IP

MAY 18, 2023

Underlying the Court’s decision is the copyright owner’s exclusive right to prepare derivative works. The Court reined this in, reminding AWF that copyright owners hold an exclusive right to prepare derivative works. BLOG CONTENT NOT LEGAL ADVICE

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Garrigues Blog

MAY 11, 2021

351 by the Andean Community Commission, protects different forms of expression of architectural works: illustrations, maps, drawings, plans, sketches, scale models, drafts and plastic works related to architecture, and also derivative works. Indeed, Legislative Decree no. 822 – Copyright Law, in line with decision no.

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Technology & Marketing Law Blog

MARCH 7, 2022

In the interests of full disclosure, readers should note that I wrote and submitted an amicus brief , on behalf of myself and four other intellectual property professors, in support of the copyright owner (Unicolors), in this case. Nonetheless, the 1909 Act required that the work be registered with the U.S. 17 U.S.C. §

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Intepat

MAY 17, 2024

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

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LexBlog IP

JUNE 7, 2023

As an example, the plaintiffs cite a GitHub blog post in which GitHub stated “in one instance, GitHub Copilot suggested starting an empty file with something it had even seen more than a whopping 700,000 different times during training—that was the GNU General Public License.”

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LexBlog IP

AUGUST 23, 2023

Though articles about many of those, or related, issues have appeared here in the past, they present issues that will not be solved, or even too well-defined, in this August blog post. Warhol , at 1283-84 ] This paragraph asks the judge, or the art critic, to carry out their tasks, and consider the meaning of a work. Google] , 804 F.3d

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