Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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TorrentFreak

SEPTEMBER 29, 2022

repeatedly breached the terms of its Limited Software License Agreement (LSLA) by using third-party cheating software, getting banned by Bungie, and then repeatedly signing back up to breach the LSLA’s terms once again. But on the other, they also grant permission – a license – for other actions too. ” No LSLA?

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Derivative Work Licensing Copyright Infringement Copyright 115

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. 3:22-cv-06823 – Whither transformative?

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Litigation Fair Use Copying Derivative Work 98

TorrentFreak

JUNE 10, 2022

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

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Copyright Derivative Work Intellectual Property Copyright Infringement 129

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here.

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Blogging Fair Use Copyright Infringement Copyright 134

The IPKat

DECEMBER 20, 2023

FlowGpt on the other hand, and creator of “NostalgIA'' using AI, came back with an answer, offering peace, and pointing out the beauty of creativity that new technologies can bring. However, AI technology is getting so good that even an amateur can create a song worth listening to, in any style of music or artist , and do so fast.

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Music Social Media Copying Derivative Work 73

Intepat

MAY 24, 2023

The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture. In a licensing agreement, the licensor grants the licensee the right to use their intellectual property in a specified manner, while also retaining a stake in it.

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Intellectual Property Contracts Ownership Invention 98

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).

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Blogging Copying Social Media Copyright 95

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.

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Trademark and Copyright Law Blog

APRIL 21, 2021

Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. The decision provides protection for software developers who otherwise would need licenses to copy portions of APIs to make their programs interoperable. Oracle America Inc.

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TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them. They want the Ring-1 website (and any copies) to be shut down, along with the cheating software itself.

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Copyright Infringement Copyright Derivative Work Social Media 138

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. We limit our analysis accordingly.

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Fair Use Licensing Music Art 105

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

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Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

MAY 31, 2023

The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference.

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IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity.

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” Andy Warhol Foundation for Visual Arts, Inc. ” Id.

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IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. We limit our analysis accordingly.

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Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 95

Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. Copyright and technology both move society forward. Constitution, is to promote progress.

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Licensing Fair Use Copying Copyright 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

For example, in the “before” image above, the court doesn’t explain the source of the screenshot, what technological conditions it reflects, and how often those conditions will hold in the field. We need to know more about this license. Thus, a court’s hypothesis may have no grounding in reality.

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Licensing Copyright Contracts Advertising 88

Kluwer Copyright Blog

JANUARY 16, 2024

Such case law is interesting for the reconstruction of the technology deployed by Meta and the training methodology (at least from the plaintiff’s perspective) but also because the court has had the chance to preliminarily evaluate the robustness of the claims. This body of text is called the training dataset.

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Derivative Work Copyright Infringement Copying Copyright 133

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

MAY 6, 2022

Don’t get me wrong—I’m all in favor of using blockchain technology to facilitate the exchange of creative content. 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.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

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Blogging Licensing Privacy Copyright Notice 127

Plagiarism Today

SEPTEMBER 20, 2021

First off today, Kevin Shalvey at Business Insider reports that “Sports Illustrated” swimsuit model Genevieve Morton has filed a lawsuit against Twitter alleging that the site was slow to remove infringing material and that an AI photo editing tool created unlawful derivative works.

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Editing Derivative Work Copyright Infringement Licensing 177

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. Not a single witness provided perspectives from technologists who have developed and work with AI agents.

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Copyright Fair Use Copyright Law Copyright Infringement 95

Patently-O

OCTOBER 11, 2022

Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on.

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Fair Use Copyright Derivative Work Art 134

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

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Copying Ownership Derivative Work Contracts 75

LexBlog IP

JUNE 7, 2023

If any of these cases challenging the use of copyright-protected works in generative AI outputs or in developing generative AI models is successful, it could have significant implications for the future of generative AI, which relies on large and diverse datasets in order to provide accurate and unbiased results.

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Licensing Copyright Notice Copyright Privacy 52

Kluwer Copyright Blog

JULY 16, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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Blogging Law IP Fair Use 52

Copyright Lately

OCTOBER 25, 2021

In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. The “Ghostbusters” folks eventually settled on Ray Parker Jr.

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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. It is an open legal question whether this would constitute an infringing derivative work. Players, for most of the game’s competitive existence, have played in person. tournament circuit beginning in 2022.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

Kluwer Copyright Blog

MAY 9, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. As a counterpoint, some commentators note that these tools benefit many artists and content creators, whose interests should be considered when regulating how copyright law tackles these technologies.

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Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). An exemption provision on the use of unavailable works was introduced into the German Copyright Act. d) Caricature, parody and pastiche.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery. .

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