Copyright Lately

FEBRUARY 20, 2022

Nearly a year after a screenwriter’s lawsuit over Disney’s “Muppet Babies” reboot was dismissed, the trustee of Jeffrey Scott’s bankruptcy estate has filed a new complaint alleging copyright infringement in a production bible and scripts from the original series. Does the Bankruptcy Trustee Have a Case?

Ownership 82

Ownership Copyright Infringement Contracts Copyright 82

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Yuga Labs, therefore, still owns the copyright in each NFT. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Kluwer Copyright Blog

JUNE 16, 2021

Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. The first is that remixers who want to claim ownership of the copyright over their remixes should specify that in the contract. Background and decision. From remixes to remasters.

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Music Copyright Law Copyright Law 98

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. 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 & Co. ,

Copyright 46

Copyright Copying Copyright Infringement Editing 46

Velocity of Content

MARCH 16, 2023

Transformative use” is not mentioned in Section 107 of the Copyright Act but has been read into the first of four fair use factors. If you are confused by the difference between transformation that excuses infringement and transformation that is the exclusive right of the creator, welcome to my world.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. 4] “The larger the difference, the more likely the.

Licensing 52

Licensing Fair Use Copyright Derivative Work 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

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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. This is highlighted in the case of Hermès International v. Mason Rothschild , currently pending in federal district court in New York.

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Trademark Non-Fungible Tokens Branding Brands 62

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

LexBlog IP

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. This is highlighted in the case of Hermès International v. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

JUNE 20, 2023

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. ” Causes of Action.

Social Media 128

Social Media Derivative Work Contracts Licensing 128

Technology & Marketing Law Blog

JANUARY 12, 2024

Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

Copying 74

Copying Ownership Derivative Work Contracts 74

IP and Legal Filings

JANUARY 23, 2023

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. One such area where copyright violations are common is the internet.

Non-Fungible Tokens 79

Non-Fungible Tokens Copyright Intellectual Property Ownership 79

SpicyIP

SEPTEMBER 4, 2023

The court held that it cannot decide at an interim stage on the question of whether an injunction can be obtained in the light of Sections 41 and 14 of the Specific Relief Act, read with Section 27 of the Contract Act.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

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

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 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.

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Blogging Licensing Privacy Copyright Notice 126

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. But that doesn’t seem particularly relevant, because the derivative works at issue are actually the screenplay scans, not the NFTs. The breathless media reports soon followed.

Copying 127

Copying Non-Fungible Tokens Contracts Copyright 127

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

JUNE 7, 2023

If any of these cases challenging the use of copyright-protected works in generative AI outputs or in developing generative AI models is successful, it could have significant implications for the future of generative AI, which relies on large and diverse datasets in order to provide accurate and unbiased results.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it.

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. University Tutorial Press was sued by the plaintiff, University of London Press, for copyright infringement. It was written with a distinct style and message.

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Copyright Public Domain Copying Publishing 90

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

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.” Ashcroft , 537 U.S. at 556-58, 560; Eldred , 537 U.S. at 219-21; Golan v.

Copyright 118

Copyright Blogging Publishing Fair Use 118

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? So there’s no stories coming out, okay.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? So there’s no stories coming out, okay.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52