Intellectual Property Law Blog

APRIL 12, 2023

Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

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Fair Use Derivative Work Copying Marketing 244

TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement. Acuff-Rose Music, Inc.

Copyright 121

Copyright Derivative Work Fair Use Reporting 121

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

TorrentFreak

OCTOBER 17, 2022

From a copyright perspective, AI can bring up some interesting questions. For example, can content created by an AI be copyrighted like any other work? Or perhaps AI can infringe copyrights held by others? Unauthorized Copies and Derivatives.

Music 140

Music Copyright Derivative Work Copying 140

Barry Sookman

FEBRUARY 25, 2024

In a prior post , I summarized four United States copyright decisions that examined copyright infringement liability for training and making available generative AI (GenAI) services. … The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman.

Litigation 62

Litigation Derivative Work Fair Use Copying 62

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Copyright Law and DRM.

Copying 120

Copying Social Media Licensing Technology 120

The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”).

Public Domain 113

Public Domain Copyright Copying Registration 113

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. The focus of the conflict was the meaning of “transformative works” in the U.S. In this sense, the act of copying is the very medium of Warhol’s art.

Copyright Law 111

Copyright Law Copyright Law Art 111

IPilogue

NOVEMBER 8, 2021

Copyright Infringement? . Chegg works by hiring freelance workers to prepare step-by-step processes to answer the questions at the end of each chapter of Pearson textbooks. There has been a spike in Chegg subscriptions since the COVID-19 pandemic moved many students to remote learning. . Code, subsection 101 , states: . “

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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. From: TF , for the latest news on copyright battles, piracy and more. The complaint can be found here (pdf).

Copyright Infringement 143

Copyright Infringement Copyright Derivative Work Artwork 143

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? None of it includes copies of images. Stability AI Ltd. The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Kluwer Copyright Blog

APRIL 3, 2024

By the time of trial, Lidl’s copyright claim was that the CCP Signs infringed the copyright subsisting in the Mark with Text shown below. Lidl’s Logos Source here First instance The first instance judge, Mrs Justice Joanna Smith, found that copyright subsisted in the Mark with Text and this was infringed by the CCP Signs.

Copyright Infringement 60

Copyright Infringement Copyright Copying Artistic Work 60

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v.

Copyright 138

Copyright Derivative Work Music Copying 138

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

Copyright 120

Copyright Copying Derivative Work Licensing 120

TorrentFreak

JUNE 10, 2022

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. ” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created. 1201(a) and (b).

Copyright 133

Copyright Derivative Work Intellectual Property Copyright Infringement 133

IP Law 360

JULY 18, 2023

The Ninth Circuit ruled Monday that copyright registration of a derivative work covers elements shared by earlier unregistered versions, recognizing a management consultant's right to sue a software company for allegedly copying both iterations of a teaching tool she claims to have created.

Derivative Work 40

Derivative Work Copyright Copying Registration 40

The Illusion of More

JANUARY 19, 2022

By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66 million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works.

Derivative Work 127

Derivative Work Copying Copyright Art 127

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted.

Copying 97

Copying IP Copyright Law Designs 97

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. That “data” typically includes other creators’ copyrighted material. What is a Derivative Work?

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. It is that functionality, and not the copying, to which Apple truly objects.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

TorrentFreak

SEPTEMBER 28, 2023

The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage.

Fair Use 102

Fair Use Copyright Copyright Infringement Derivative Work 102

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

Derivative Work 102

Derivative Work Copyright Settlement Reporting 102

Plagiarism Today

JULY 28, 2021

1: Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement. The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools.

Copyright Infringement 245

Copyright Infringement Derivative Work Artwork Licensing 245

Intepat

JANUARY 8, 2024

New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. They argue that the AI chatbots created by OpenAI and Microsoft, like ChatGPT and Copilot, also copy the unique and distinctive style of the Times’ articles.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . Fanfiction and Fanart.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Plagiarism Today

AUGUST 29, 2022

The author(s) do not pay anything, but are required to sign over the copyright in their article so that the journal can charge for access to it. The largest is that it locks important research behind a paywall, meaning that other researchers, members of the public and even government agencies may not be able to access the work they need.

Journalism 222

Journalism Derivative Work Publishing Licensing 222

Kluwer Copyright Blog

DECEMBER 5, 2022

Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.

Copyright 103

Copyright Public Domain Art Moral Rights 103

LexBlog IP

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”).

Public Domain 52

Public Domain Copyright Copying Registration 52

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. TRIPS 10.1;

IP 120

IP Derivative Work Intellectual Property Art 120

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. However, the court disagreed, saying that the Copyright Royalty Board has primary jurisdiction over these issues, and it has oversight in this matter. They are free of copyright. Milne’s book Winnie the Pooh.

Public Domain 193

Public Domain Music Derivative Work Licensing 193

Kashishipr

NOVEMBER 17, 2021

Copyright is a bundle of rights and can be exploited in several ways independently from each other. What is an Assignment of Copyright? In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105