Traverse Legal Blog

JANUARY 26, 2022

The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. Without a separate licensing contract (typically a web page) for the underlying asset, an essential part of the NFT transaction is unaddressed. The right to create derivative works.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. is being used as code. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). Background and decision.

Music 98

Music Copyright Law Copyright Law 98

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. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Copyright Protection for Legal Documents.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “The Film is a derivative work created from the Screenplay, not the other way around. Miramax Sues over Pulp Fiction NFTs. Not everyone was happy with this plan though.

Non-Fungible Tokens 118

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 118

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

OCTOBER 6, 2022

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. This authorization may be grounded on property, contracts, cultural heritage rules or on copyright.

Copyright 103

Copyright Public Domain Art Moral Rights 103

Traverse Legal Blog

JANUARY 29, 2022

Typically, the NFT links out through a URL embedded into the smart contract that goes into the Ethereum blockchain (to a website, database, group of servers, or peer-to-peer servers) to offer up that digital asset and identify what is associated with the NFT. You’re getting a license to use, copy and display this item.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

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 95

Fair Use Derivative Work Blogging Licensing 95

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Want to Create New Derivative Works?

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 74

Copying Ownership Derivative Work Contracts 74

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.” Implied-in-Law Contract/Unjust Enrichment. ” Wait, what? We need to know more about this license.

Licensing 88

Licensing Copyright Contracts Advertising 88

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” 22-cv-7074-JST, ECF No.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In

Copying 127

Copying Non-Fungible Tokens Contracts Copyright 127

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works.

Non-Fungible Tokens 79

Non-Fungible Tokens Copyright Intellectual Property Ownership 79

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. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

Copyright 90

Copyright Public Domain Copying Publishing 90

LexBlog IP

JUNE 7, 2023

DMCA Section 1202(b) Claims: Section 1202(b) of the DMCA prohibits anyone from (1) intentionally removing or altering any copyright management information (“CMI”), (2) distributing CMI knowing the CMI has been removed or altered or (3) distributing copies of works knowing that CMI has been removed or altered while “knowing, or.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Copyright Lately

OCTOBER 25, 2021

In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. The “Ghostbusters” folks eventually settled on Ray Parker Jr.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

SEPTEMBER 7, 2023

Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal. But this was a license to Microsoft, and Campbell argued that Microsoft wasn’t allowed to reproduce, distribute, and publish the Sowers photo as part of others’ advertising model (including news reporting).

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

43(B)log

FEBRUARY 4, 2023

Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Aman Gebru, Communal Authorship © does well with solo and team authored works, but not communally authorized works, which creates confusion and gets in the way of expression; some actors benefit unfairly, capturing value that isn’t theirs.

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

FEBRUARY 4, 2023

Contract instead of ©? They aren’t saying, as Gracen does, that your copyright is in the small variation you did from the trope and D didn’t copy that, just speaking broadly. Maybe we should mind, because the result is that creators working in unfamiliar topics and genres are being held to a different standard. Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Coakley’s threats prompted Wagging Tails—successor to Virtuoso and affiliated with Harvey Berger—to file its breach of contract and copyright infringement lawsuit against Coakley in federal court in Los Angeles.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

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.” That’s not property rights reasoning. Mozart wrote melody.

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

. §202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form. A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C.

Copyright 118

Copyright Blogging Publishing Fair Use 118