LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

Fair Use 52

Fair Use Art Licensing Derivative Work 52

TorrentFreak

MAY 10, 2023

The defendants admitted that Wallhax injected new code into Bungie’s code, thereby creating an unlicensed derivative work. Additionally, Bungie has shown that Larsen violated § 1201(b)(1) by creating an infringing derivative work. In June 2022, Bungie was awarded $13.5m 11020781 Canada Inc.,

Derivative Work 113

Derivative Work Copyright Infringement Copyright Contracts 113

IP Tech Blog

JANUARY 4, 2023

The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

MARCH 14, 2024

” To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.” The Court began by noting that “while it may be unlawful to recreate another’s work (e.g.,

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Unlike traditional proprietary software, SaaS or PaaS business models where license terms can often be renegotiated or amended in subsequent contract cycles, open-source licensing is far less forgiving of afterthoughts. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

The IPKat

OCTOBER 1, 2022

According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.” Consider the corset teddy dress inspired by a Spring 1992 original.

Copying 97

Copying IP Copyright Law Designs 97

BYU Copyright Blog

SEPTEMBER 20, 2021

The Professors allege that following this termination, the College has continued to use materials from the Work in its course offerings without the permission of the Professors. These uses have purportedly included violations of rights of reproduction, distribution, display, and preparation of derivative works.

Derivative Work 72

Derivative Work Privacy Copyright Infringement Registration 72

More Than Your Mark

AUGUST 27, 2021

While every business recognizes the need to protect its intellectual property, it’s easy to get confused about what each type of intellectual property protects. Copyrights protect creative works. 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).

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Intepat

MAY 24, 2023

In today’s business landscape, the significance of intellectual property (IP) assets is on the rise and is becoming increasingly crucial in various sectors. The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. A trademark can include designs, phrases, and symbols, and it is “how customers recognize you in the marketplace and distinguish you from your competitors.”

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

LexBlog IP

SEPTEMBER 28, 2023

Unlike traditional proprietary software, SaaS or PaaS business models where license terms can often be renegotiated or amended in subsequent contract cycles, open-source licensing is far less forgiving of afterthoughts. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

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 ). If there were to be a broader E&L, then what should be the design of such a framework?

Copyright 78

Copyright Derivative Work Music Designs 78

LexBlog IP

JANUARY 4, 2023

The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

TorrentFreak

JANUARY 25, 2023

and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work. Schaufuss says that the Wallhax business was a partnership consisting of him, Nelson and Larsen. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc.,

Derivative Work 129

Derivative Work Copyright Litigation Privacy 129

Corsearch

MARCH 13, 2023

Following a dispute between Walt Disney and his business partner working at Universal, Disney lost the rights to the character – and thus Mickey Mouse was born. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Oswald the Lucky Rabbit.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Plagiarism Today

SEPTEMBER 28, 2021

.” The site also removed any piece that they had received a complaint about and promised that they will do what they can to make up for “past mistakes” and that they are reviewing their business model going forward. The most straightforward and accurate answer to that question is simply, “We don’t know.”

Fair Use 235

Fair Use Non-Fungible Tokens Copyright Social Media 235

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. A situation like that could put a company out of business. Utility and Design Patents. That’s understandable. Trademark requirements.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Although often overlooked by entrepreneurs in the early stages of their ventures, understanding the importance of IPR is critical for startups aiming to thrive in today’s competitive business landscape.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., account to be the most frequently stolen forms of IP, which may result in a huge loss for the company that created it, including the loss of competitive edge and decline of business growth.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. The quantum of the original expression essential to qualify a creative work for Copyright Protection is undoubtedly low.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service.

Copying 116

Copying Social Media Licensing Technology 116

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

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. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

JANUARY 16, 2024

LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

Kluwer Copyright Blog

AUGUST 13, 2023

Plaintiffs’ factual allegations The plaintiffs’ allegations target the legitimacy of the Generative AI business model. Much of the material in OpenAI’s training datasets would come from copyrighted works – including books written by plaintiffs – that were copied by OpenAI without consent, without credit, and without compensation.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

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. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

AUGUST 1, 2023

As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. For example, a person who lawfully acquires an authorized copy of a motion picture would be an infringer if he or she engages in the business of renting it to others for purposes of unauthorized public performances.”

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

OCTOBER 25, 2023

Larson filed suit against Dorland, claiming that Dorland’s allegations of plagiarism amounted to defamation, and that Dorland’s repeated communications with American Short Fiction and the Boston Book Festival constituted intentional interference with Larson’s business relationships. ” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 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. A boundary-less commercial trespass doctrine creates plenty of problematic edge cases: By design, ad blockers block portions of how websites display.

Licensing 88

Licensing Copyright Contracts Advertising 88

Copyright Lately

DECEMBER 24, 2023

The first was to ink an image of Tiger King star Joe Exotic (along with a can of Lysol and a “Quarantine 2020” toilet paper banner) onto her husband’s thigh as part of a gift certificate promotion for the business. They also have similar inner book designs because—wait for it—photographs and writings are “interspersed.”

Copyright 106

Copyright Copyright Infringement Music Fair Use 106

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. Plaintiffs attach each of these licenses to the complaint. –Doe 1 v.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021. The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. It’s Halloween time again!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Both businesses offer their subscribers free directories, and they both profit from the yellow page adverts. It was written with a distinct style and message.

Copyright 85

Copyright Public Domain Copying Publishing 85

Copyright Lately

APRIL 19, 2022

It certainly hasn’t helped that the same word is used in the Copyright Act to define a derivative work (a work that is “recast, transformed , or adapted” from a pre-existing work), which in the absence of fair use is reserved to the copyright owner.

Fair Use 78

Fair Use Art Copyright Social Media 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.” A Google search turns up three different pairs of designs with differing degrees of similarity. that the confined designs may have been “reserved” at a later time).

Registration 76

Registration Blogging Copyright Designs 76

LexBlog IP

JULY 21, 2021

” That is because religion is big business, as the Washington Post noted in detailing a 2016 empirical study on the socio-economic contribution of religion to American society. include[es] the contribution of businesses with religious roots. include[es] the contribution of businesses with religious roots. society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] [were] far too narrow for him to unilaterally produce, market, and sell the Pulp Fiction NFTs.” [22].

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52