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.

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Copyright Public Domain Art Moral Rights 103

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.”

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Kluwer Copyright Blog

OCTOBER 5, 2022

Most of you may well be familiar with the concept of Creative Commons licensing, but to reiterate, Creative Commons (CC) is a not-for-profit copyright licensing organisation. The ownership of an NFT is recorded in the blockchain, and can be transferred by the owner, allowing NFTs to be sold and traded ”.

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Licensing Technology Public Domain Non-Fungible Tokens 110

LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement. ”

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Copyright Infringement Copyright Fair Use Derivative Work 52

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. Learn more about NFT Copyright Issues here. nThe book and the copyright ownership are two distinct things.

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Non-Fungible Tokens Licensing Ownership Copying 97

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]

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Licensing Fair Use Copyright Derivative Work 52

The IPKat

JUNE 27, 2022

Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. There is no certification that the creator is really who they claim to be or that they legally own the copyright or any other IP right on the digital file linked to the NFT. remain fully applicable to NFTs.

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Non-Fungible Tokens Contracts Copying Art 135

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen. Ltd, et al.-

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Litigation Fair Use Copying Derivative Work 98

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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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.

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Copyright Copying Music Fair Use 59

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Traverse Legal Blog

JANUARY 29, 2022

The person who buys that NFT becomes the owner, and they can transfer ownership later, and that person becomes the new owner, and so on” -Enrico Schaefer, NFT Attorney. In this example, I am showing you how to get this free copyright license to attach to the NFT. You’re getting a license to use, copy and display this item.

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Licensing Non-Fungible Tokens Copyright Copying 102

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

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Music Copyright Copying Copyright Law 87

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc.

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Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

JANUARY 31, 2023

Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act? To all the naysayers, I’ll remind you that Copyright Lately is considered a scholarly publication by several of this nation’s law schools, at least one of which is still accredited.)

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Music Copyright Licensing Copyright Infringement 99

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

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Intellectual Property IP Invention Designs 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that copyright was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. 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.” Wells Fargo v.

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Licensing Copyright Contracts Advertising 88

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. The Ninth Circuit fixes that obvious error, saying the chattel in question “are the copies of Plaintiffs’ websites.” The “copies” in question are not copies in the abstract sense. What are we even talking about?

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Copying Ownership Derivative Work Contracts 74

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it. Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 78

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? If you remember just a few concepts that I’ll discuss in this post, you’ll be way ahead of the game when it comes to buying, selling and exploiting creative works, whether it’s in the metaverse or here in the boring old regularverse. Buying Copyrights.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

SpicyIP

NOVEMBER 16, 2023

The ongoing copyright dispute between Hulm Entertainment (plaintiff) and Fantasy Sports (defendant), currently awaiting adjudication before the Delhi High Court throws open interesting questions on the copyrightability of nascent concepts like GUI and seeking protection on mobile apps through concept notes.

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Copyright Marketing Marketing Copying 59

43(B)log

AUGUST 3, 2023

The majority says that limiting doctrines account for Kagan’s examples—which involved use of expression—as well as the dissent’s own copying and the Court’s too. Data mining legal documents, work product, court cases, and then create work based on previous work. The input was copyrightable; the output is not.

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Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 4, 2023

Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. I could think that copyright is relatively neutral in an incredibly sexist society.

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Copyright Editing Settlement Music 64

SpicyIP

APRIL 15, 2024

By Goutham Rajeev and Vedant Bharadwaj Singh A recent public response by OpenAI’s CTO (Chief Technical Officer) on the data sources used by them to train their new text-to-video AI engine known as Sora has reignited the discussion on the use of copyrighted material t o train Generative Artificial Intelligence ( GenAI ). Google Inc.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 31. 22-cv-7074-JST, ECF No.

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Blogging Licensing Privacy Copyright Notice 127

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. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs. Frankly, it’s barely a dispute about copyrights.

Copying 127

Copying Non-Fungible Tokens Contracts Copyright 127

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Motivation for © owners to change how they view ownership?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

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Intellectual Property Invention Trademark Copyright 52

Copyright Lately

MARCH 6, 2023

The copyright owner in Runt is seeking to enjoin director William Coakley from releasing a behind-the-scenes project about alleged on-set bullying and sexual harassment that it claims he fabricated. At the time of his death, the 20-year-old Boyce was working on what would prove to be his final film, the independent coming-of-age drama Runt.

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Copyright Derivative Work Fair Use Social Media 77

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

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Copyright Blogging Publishing Fair Use 119

43(B)log

AUGUST 11, 2022

In Canada, there’s a potential trap: it must be enough to be copyrightable on its own but that might make it separable. Collaboration: focus on process that brought work into existence: intentions of parties, collaboration between them. How do differing consequences map onto divergent philosophies of copyright?

Music 56

Music Copyright Ownership Derivative Work 56