43(B)log

APRIL 7, 2021

Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do. Anyway, in GvO, Justice Breyer instead reproduces an entire short story, which was just minding its own business and had nothing to do with the case, in two different languages no less.

Marketing 40

Marketing Marketing Fair Use Derivative Work 40

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

Likely good business sense. One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Studios will usually work through licensing deals to smooth out the creation of adaptations.

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 91

Licensing Copyright Contracts Advertising 91

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Technology & Marketing Law Blog

AUGUST 1, 2023

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. Surely paid licensing should not have to work on an all-or-nothing basis.

Blogging 97

Blogging Copying Social Media Copyright 97

Kluwer Copyright Blog

JANUARY 16, 2024

106, et seq): the plaintiffs never authorized Meta to make copies of their works and derivative works, publicly display copies (or derivative works), or distribute copies (or derivative works) during the training process of the LLaMA language models. Vicarious Copyright Infringement (17 U.S.C. §

Derivative Work 132

Derivative Work Copyright Infringement Copying Copyright 132

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 77

Fair Use Art Copyright Social Media 77

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As Complaint at 2.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 52

43(B)log

FEBRUARY 2, 2024

UK: TM protection depends on formalities/registration; registered TMs are property rights; goodwill in a business is a different property right protected through the tort of passing off; no generalized unfair competition law. OED: goodwill—the privilege, granted by the seller of a business to the purchaser, of trading as the successor.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

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 judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

FEBRUARY 16, 2024

Ushered in sea change in terms of how it was used in art cases. For years, those cases had determined fair use by focusing largely on whether the secondary work was transformative: new meaning or message. Nonetheless, courts are still in the fraught business of determining the meaning of art.

Derivative Work 59

Derivative Work Fair Use Art Marketing 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 122

Copyright Blogging Publishing Fair Use 122

43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.”

Music 56

Music Copyright Ownership Derivative Work 56