The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Thus, it can be said that they have made complete and exact copies of everything they have ingested.

Fair Use 52

Fair Use Copying Licensing Copyright 52

IPilogue

AUGUST 26, 2022

YouTube, especially, has been known to enforce copyright law by either muting or taking down infringing content. Epidemic Sound solves this problem by offering music licenses to creators who publish on platforms like Facebook, Instagram, Twitch, TikTok and YouTube.

Copyright Infringement 104

Copyright Infringement Copyright Music Social Media 104

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 40

Copyright Law Copyright Law Ownership 40

The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” by Dennis Crouch. Andy Warhol Foundation v.

Fair Use 117

Fair Use Art Licensing Publishing 117

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Copyright Lately

JANUARY 13, 2023

King was a copyright litigant. The New York Times reported on Dr. Martin Luther King’s copyright lawsuit over “I Have a Dream” in 1963. Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech.

Copyright 94

Copyright Public Domain Copyright Notice Copying 94

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. Contingent liabilities, or funds saved in case of a potential litigation, may result from infringement instances. Conclusion.

Copyright 74

Copyright Copyright Infringement Music Copying 74

TorrentFreak

JANUARY 6, 2023

Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued. Copyright Law: Infringement Standards. YouTube’s Licensing Defense.

Copyright 115

Copyright Music Licensing Publishing 115

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 5.

Database Right 52

Database Right Licensing Public Domain Artwork 52

LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. See Concord Music Group, Inc. Anthropic PBC , M.D. Tenn, 3:22-cv-01092, ECF No. 1 at ¶ 1. ” Id. at ¶ 10. .”

Music 52

Music Copyright Infringement Publishing Copyright 52

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

The IP Law Blog

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

Copyright 97

Copyright Copyright Infringement Copying Litigation 97

The IPKat

FEBRUARY 3, 2023

It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. Is this the end of the road? Most likely not.

Government 141

Government Related Rights Copyright Law 141

IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. These rights enable startups to control and profit from their creative endeavors.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. That’s the purview of copyright–or not restricted at all.

Licensing 88

Licensing Copyright Contracts Advertising 88

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Vila licensed his photo to various online and print publications for use in articles about Shayk. The only problem is that most people don’t know it exists.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Magic Mantra Vision. [ii]

Copyright Law 69

Copyright Law Copyright Music Law 69

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Copyright Law. Even Fake Facts are Not Copyrightable. 2000 SCC 66 at para.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Controversy” [8] : The Litigation. Originals” [7] : The Works at Issue.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement. Understanding the Fair Use Doctrine. Oracle America, Inc.,

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Metro-Goldwyn-Mayer, Inc.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Copyright Lately

OCTOBER 24, 2022

This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys. In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

IP Tech Blog

JULY 27, 2021

Instead, the fastest available response to a design or copyright infringement is an interim injunction by a People’s Court or the initiation of adversarial administrative enforcement litigation. Refusing to comply with the injunction may lead to heavy fines and even loss of business license.

Designs 57

Designs Design Copyright Design Patent 57