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] That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

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Fair Use Derivative Work Art Licensing 97

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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Derivative Work Fair Use Copyright Marketing 45

JIPL Online

APRIL 9, 2021

With this brief background in mind, this blog post explores the implications of copyright protection of memes. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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.

Fair Use 97

Fair Use Derivative Work Blogging Licensing 97

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.

IP 85

IP Branding Brands Branding 85

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IPilogue

MAY 26, 2022

Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work.

Fair Use 111

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. These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. Background The parties are the well-known supermarkets in the UK: Lidl and Tesco.

Copyright Infringement 59

Copyright Infringement Copyright Copying Artistic Work 59

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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Fair Use Licensing Copying Artwork 91

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. Additionally, trademarks serve as powerful marketing tools.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

JANUARY 17, 2024

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. William Blair appeared first on Technology & Marketing Law Blog. William Blair & Co. , 23-1527 & 23-2566 (7th Cir.

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Copyright Copying Copyright Infringement Editing 48

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kashishipr

JULY 13, 2022

Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object?

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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 ). To facilitate the process of TDM, data is the key.

Copyright 75

Copyright Derivative Work Music Designs 75

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. A copyright lasts for the life of the author plus 70 years (for works made for hire, 95 years from when they are first published). appeared first on Patent Law Blog.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

LexBlog IP

JULY 7, 2023

“Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] Ruling in a case previously discussed on this blog , the U.S.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price.

Licensing 92

Licensing Copyright Contracts Advertising 92

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs allege that use of licensed code “is allowed only pursuant to the terms of the applicable Suggested License,” and that each such license requires that any derivative work or copy include attribution, a copyright notice, and the license terms. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

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. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The copyright owner of a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. Therefore, it is essential to safeguard the IP assets before any third party breaches them illegally.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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?

Blogging 52

Blogging Law IP Fair Use 52

Technology & Marketing Law Blog

JANUARY 12, 2024

My angst-filled blog post on that ruling. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? 11, 2024) Selected Related Blog Posts * If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v.

Copying 78

Copying Ownership Derivative Work Contracts 78

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” For more details, see the section “A Brief History of Copyright Registration” in my previous blog post.). 881 (2019), and my previous blog post. Factual and Procedural Background.

Registration 80

Registration Blogging Copyright Designs 80

SpicyIP

SEPTEMBER 4, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Wondering what IP developments took place last week? Highlights of the Week Image from here Microsoft Corporation V. Dabur India Ltd. Bhandari.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

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. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 137

Copyright Fair Use Copyright Law Law 137

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Kluwer Copyright Blog

JANUARY 18, 2023

For details please see here for a Kluwer Copyright Blog Post by Julian Waiblinger and Jonathan Pukas of 28 February 2022. Parts of this article were originally published in “Auteurs & Media” and have been shortened to be published on the Kluwer copyright blog.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JULY 21, 2021

So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 This blog piece looks beyond the U.S. ” (at page 9 and 13).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Likewise, paragraph 47 of Trump’s complaint specifically alleges “President Trump never sought to create a work of joint authorship, and in the hours of the Interviews, there is neither allusion to nor confirmation of such.” Factor four: the effect of the use upon the potential market for or value of the copyrighted work.

Copyright 122

Copyright Blogging Publishing Fair Use 122

SpicyIP

OCTOBER 2, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. The plaintiff argued that the defendant intentionally imitated their trademark “VBM”, causing market confusion. Wondering what IP developments took place last week?

Licensing 59

Licensing Trademark Intellectual Property IP 59