Copyright Lately

MAY 22, 2023

A lot of ink has been spilled ( mine included, if you need a refresher ) on litigation that ultimately boiled down to whether it was fair use for AWF to license the right to publish Warhol’s artwork based on Goldsmith’s Prince photo. Goldsmith. 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

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US).

Copyright 137

Copyright Fair Use Copyright Law Law 137

LexBlog IP

AUGUST 23, 2023

For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” Warhol , at 1283-84 ] This paragraph asks the judge, or the art critic, to carry out their tasks, and consider the meaning of a work. Newman , 959 F.3d

Copyright 52

Copyright Art Copying Derivative Work 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? .

Copyright 120

Copyright Blogging Publishing Fair Use 120

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? ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases.

Licensing 89

Licensing Copyright Contracts Advertising 89

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Amazon might disrupt this tradition and spur more litigation. Possibly related to internet adoption. Woods and Derek E.

Trademark 72

Trademark Copyright Branding Brands 72

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JULY 21, 2021

Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy(ies) state that the work was inspired by a divine spirit. Compendium, at Section 313.2 ]. copyright law. ” Welsh (2015) at 134.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52