TorrentFreak

SEPTEMBER 29, 2022

repeatedly breached the terms of its Limited Software License Agreement (LSLA) by using third-party cheating software, getting banned by Bungie, and then repeatedly signing back up to breach the LSLA’s terms once again. has indeed rendered the contract void ab initio. Cheat Software and Derivative Works.

Derivative Work 116

Derivative Work Licensing Copyright Infringement Copyright 116

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 142

Copyright Infringement Copyright Derivative Work Artwork 142

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. 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. The right to create derivative works. How to Create an NFT License Agreement.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. Warner Bros.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.), Yuga Labs, therefore, still owns the copyright in each NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

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 114

Derivative Work Copyright Infringement Copyright Contracts 114

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

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. 3:22-cv-06823 – Whither transformative? While UK law arguably offers more certainty, the US offers statutory damages.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 117

Copying Social Media Licensing Technology 117

Copyright Lately

FEBRUARY 20, 2022

After Marvel’s successor Disney released a new Muppet Babies reboot in 2018 without providing him credit or compensation, Scott filed a lawsuit for copyright infringement and breach of contract in the Central District of California. The case didn’t get very far as a result of a somewhat unusual set of circumstances.

Ownership 82

Ownership Copyright Infringement Contracts Copyright 82

Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol.

Fair Use 232

Fair Use Non-Fungible Tokens Copyright Social Media 232

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 88

Licensing Copyright Contracts Advertising 88

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. E.g., these images were good, so you should apply a quality multiplier; scarce, so you should apply a scarcity multiplier to the standard quoted rate; also P didn’t want to license them so should get an exclusivity multiplier. 3) “So what?”

Copyright 59

Copyright Copying Music Fair Use 59

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

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

Kluwer Copyright Blog

FEBRUARY 22, 2022

Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions. In the wake of this automation, Peukert and Windisch look more to the ‘after’ of platform liability, in a future of ContentID, algorithmic licensing, and blockchain technologies.

Copyright 52

Copyright Public Domain Marketing Marketing 52

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. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

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. Bungie and Leone appear to have more than a little history.

Social Media 132

Social Media Derivative Work Contracts Licensing 132

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. Copyright and contract law that may restrict legally what the user may do with the “copies” that are now resident in the device RAM.

Copying 74

Copying Ownership Derivative Work Contracts 74

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

43(B)log

SEPTEMBER 7, 2023

The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark. 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

Copyright Lately

OCTOBER 25, 2021

” 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. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. ROMERO’S DAWN OF THE DEAD.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 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 ©? Rosenblatt: consider implied license and laches. RT: My priors: Substantial similarity is junk and these techniques develop to clean up some of its junkiness instead of using derivative works properly. Micropayments? There’s something going on but looking for thoughts about legal responses.

Copyright 59

Copyright Fair Use Privacy Derivative Work 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? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 118

Copyright Blogging Publishing Fair Use 118

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.” Benefits: it’s about copyright, not contract, law.

Music 56

Music Copyright Ownership Derivative Work 56

The IP Law Blog

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52