Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. 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.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Intellectual Property Law Blog

APRIL 12, 2023

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. However, the output of the GAI is a new image (albeit typically not a copy of the scanned image(s)).

Fair Use 244

Fair Use Derivative Work Copying Marketing 244

More Than Your Mark

AUGUST 27, 2021

While every business recognizes the need to protect its intellectual property, it’s easy to get confused about what each type of intellectual property protects. Copyrights protect creative works. The post Intellectual Property: What Are the Differences between Patent, Trademark, and Copyright?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

IP and Legal Filings

MAY 15, 2024

Introduction Intellectual Property Rights are intangible rights All rights related to the property are exclusively reserved with the copyright holder. It serves the purpose of having Intellectual Property Rights in existence that is to give legal rights for the protection of the invention and creation.

Licensing 78

Licensing Intellectual Property Ownership IP 78

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. In the face of public backlash, Nintendo released a statement describing Slippi as a mod that violates their intellectual property.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

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

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. 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. Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? Switzerland (scientific research) g. and Mazur, J.

IP 119

IP Derivative Work Intellectual Property Art 119

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. 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.

Fair Use 92

Fair Use Copyright Privacy Copying 92

The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

TorrentFreak

JUNE 10, 2022

” 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. The defendants threaten the gaming experience, Bungie added, noting that anti-cheating mitigation technology had cost it “exorbitant amounts of money.”

Copyright 129

Copyright Derivative Work Intellectual Property Copyright Infringement 129

Indiana Intellectual Property Law

JUNE 1, 2023

The court’s decision has significant implications for artists and content creators, as it raises questions about the transformative nature of derivative works. The commercial nature of the copying further weighed against fair use.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

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?” The report notes on page 11 that “In 2003, research estimates put the [U.S.] market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. Training AI models using these works could infringe on these rights, especially without authorisation.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. This could potentially stifle creativity and limit the use of derivative works in commercial contexts.

Fair Use 52

Fair Use Art Licensing Derivative Work 52

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. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

LexBlog IP

NOVEMBER 8, 2023

The only direct infringement claim to survive defendants’ motions to dismiss was the direct copyright infringement claim against Stability AI based on its alleged copying and use of copyrighted images to train Stable Diffusion. ” [viii] Skepticism that the AI model itself could be a “derivative work.”

Derivative Work 52

Derivative Work Copyright Infringement Copying Copyright 52

The IP Law Blog

SEPTEMBER 28, 2023

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

Public Domain 113

Public Domain Copyright Copying Registration 113

IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it.

Copyright 52

Copyright Intellectual Property Copying Music 52

LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 52

The IP Law Blog

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. is being used as code. Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

FEBRUARY 14, 2024

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.” For a quick recap of the theories they are asserting, check out our recent AI Update.

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

LexBlog IP

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

APRIL 12, 2023

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. ” It also added that a secondary use also may be transformative if it expands the utility of the original work.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Want to Create New Derivative Works?

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

LexBlog IP

FEBRUARY 20, 2024

Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

LexBlog IP

SEPTEMBER 21, 2023

According to OpenAI, Silverman’s attempt to convince the court that every ChatGPT output represents a derivative work, “regardless of whether there are any similarities between the output and the training works” is an “erroneous legal conclusion.”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

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. What is a Derivative Work? What is Generative AI? Stability AI Ltd.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

Kluwer Copyright Blog

OCTOBER 5, 2022

By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork. That artwork itself is a copyrighted work and the NFT owner will only have rights to that copyrighted work if these have been specifically assigned or licensed to them as required by law. by Edward J.

Licensing 109

Licensing Technology Public Domain Non-Fungible Tokens 109

LexBlog IP

SEPTEMBER 28, 2023

’” Although it did not develop the argument, OpenAI stated briefly that creating copies of a work in order “to develop a new, non-infringing product” would be protected as fair use. Because they alleged direct copying of their works by OpenAI, the substantial similarity test is irrelevant, they contended.

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

Kluwer Copyright Blog

AUGUST 7, 2023

Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52