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

Plagiarism Today

JANUARY 3, 2022

First off today, Andrew Albanese at Publishers Weekly Reports that a collection of publishers and authors have secured a default judgement against a piracy service named KISS Library, this one awarding them $7.8 2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board.

Public Domain 199

Public Domain Music Derivative Work Licensing 199

Plagiarism Today

SEPTEMBER 28, 2022

A recent article by Austin Mace at Screenrant highlights comments made decades ago by Batman co-creator Bill Finger regarding Batman’s first appearance in Detective Comics #27, published in May 1939. . Through our modern lens, this kind of copying can seem insane. This type of copying was very common. It happened in 1939.

Plagiarism 200

Plagiarism Copying Publishing Derivative Work 200

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

Plagiarism Today

NOVEMBER 9, 2022

1: Songwriters take the win with this Copyright Office ruling. Copyright Office has handed down a ruling that may help songwriters that have reclaimed the rights to their songs receive their royalties directly. Let me know via Twitter @plagiarismtoday. First off today, Bobby Owsinski at Hypebot reports that the U.S.

Derivative Work 167

Derivative Work Licensing Copyright Plagiarism 167

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

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

TorrentFreak

JANUARY 6, 2023

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. Copyright Law: Infringement Standards. YouTube’s Motion For Summary Judgment.

Copyright 114

Copyright Music Licensing Publishing 114

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

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

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.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

LexBlog IP

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 52

Derivative Work Copying Copyright Infringement Copyright 52

SpicyIP

DECEMBER 17, 2023

[ This post is authored by Prachi Mathur and is the third post of the three-part post on the history of terms of copyright and translations in India. Image by Freepik In part I and II of the post, I analysed the historical development and debates on the term of copyright in India.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. 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).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work? Manipal v.

Copyright 105

Copyright Registration Music Copyright Law 105

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). From remixes to remasters.

Music 98

Music Copyright Law Copyright Law 98

LexBlog IP

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 52

Copyright Law Copyright Law Copyright Infringement 52

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.

Copyright 59

Copyright Copying Music Fair Use 59

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Copyright? Copyrights protect creative works. Patents protect inventions.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Aaron Moss has a thoughtful breakdown of the court’s seeming mishandling of the Alexander case at Copyright Lately. by guest blogger Aaron Perzanowski , University of Michigan Law School.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

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. July 17, 2023).

Blogging 95

Blogging Copying Social Media Copyright 95

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church. The copyright lawyer might well respond with a glazed look. But of course.

Art 134

Art Artwork Copying Moral Rights 134

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

Copyright Lately

MAY 22, 2023

Instead, we’re taught that “[w]hether the use of a copyrighted work has a further purpose or different character” is a “matter of degree.” ” In other words, it’s a good time to be a copyright lawyer. Put another way, it ain’t what you do, it’s the way that you do it.

Fair Use 91

Fair Use Licensing Copying Artwork 91

JIPEL Copyright Blog

APRIL 28, 2021

Sites like AO3 provide fanfiction authors with a forum to publish their works, as well as huge audiences from around the world to consume them for free. The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. §

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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.)

Music 99

Music Copyright Licensing Copyright Infringement 99

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. In return, the patent owner discloses technical details in the published patent document. As per the definition, the computer program comes under copyright law.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. and others v. and others v. Stability Al Ltd.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

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Fair Use Copyright Privacy Copying 91

The IPKat

JANUARY 23, 2023

The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system. Often few copies, and sometimes no copy, of a silent film would survive. But the cross media franchise is hardly a modern phenomenon.

Derivative Work 52

Derivative Work Cinema Copying Art 52

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.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. 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”).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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?

Intellectual Property 52

Intellectual Property IP Invention Designs 52