IP and Legal Filings

MAY 15, 2024

The present article looks into a comprehensive landscape of Limited License. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display.

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Licensing Intellectual Property Ownership IP 76

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

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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43(B)log

FEBRUARY 16, 2024

Q: how does the antitrust view handle the derivative works right?] Peter Karol (similar presentation recapped here ). In Warhol, industry/media wanted a ruling that would say that transformative use had “swallowed” the derivative work right, undermining incentives—prospect theory. A: has to be worked out.

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LexBlog IP

MAY 19, 2023

The only question presented to the Supreme Court was whether the Second Circuit correctly applied the first fair-use factor in 17 U.S.C. § ” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose. of a commercial nature. .”

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Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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Fair Use Art Licensing Derivative Work 52

SpicyIP

APRIL 15, 2024

Presently, GenAI is primarily trained through Machine Learning (ML) which is a process that allows machines to learn from data and past experiences to identify patterns with minimal human interference. TDM is primarily a process of deriving data by analysing patterns and learning from it in order to create new results.

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Fair Use Copyright Infringement Derivative Work Copyright 49

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] Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

JANUARY 17, 2024

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. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Copyright Protection for Legal Documents.

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LexBlog IP

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]

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 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]

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Fair Use Licensing Cease and Desist Derivative Work 52

Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

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LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

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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. As soon as she takes the screen, fiction disappears along with art, and one has the impression of being present at a documentary.

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SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. The SB then assessed whether Hulm Entertainment’s GUI can be protected as a work in itself.

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LexBlog IP

SEPTEMBER 14, 2021

In general, the artist who creates a work has control over how the work and its contents are used, including the rights to copy, distribute, and create derivative works (spinoffs of the work). A similar bundle of sticks exists in intellectual property, including copyright.

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Copyright Derivative Work Licensing Intellectual Property 40

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

43(B)log

AUGUST 3, 2023

Campbell is the first case that squarely presents §107 construction without other distractions, and the Court takes a fresh look. 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. Hard to get a narrow rule out of that.

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Fair Use Copyright Derivative Work Marketing 52

TorrentFreak

JANUARY 6, 2023

Schneider’s first amended complaint alleged that YouTube and its users infringed her copyrighted musical compositions and sound recordings, and that YouTube facilitated infringement by removing copyright management information (CMI) from her copyright works, in violation of the DMCA. Copyright Law: Infringement Standards.

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Copyright Music Licensing Publishing 113

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

Copyright 85

Copyright Public Domain Copying Publishing 85

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

Copyright Law 87

Copyright Law Art Copyright Law 87

Copyright Lately

MARCH 6, 2023

.” Coakley DM to Harvey Berger (from court files) After Coakley’s monetary demands were refused, Berger received an email from an unknown individual claiming to be a “friend” of Coakley’s, who threatened that a copy of Runt would be “leaked online” if Coakley’s pilot project wasn’t funded.

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

Kashishipr

SEPTEMBER 15, 2021

Dances are usually performed for presenting the same to an audience for recreational and social purposes, but the same cannot be confined to performances created without such intention. Therefore, the court will ascertain a case of infringement while considering whether or not an infringing copy is substantially similar to the original.

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SpicyIP

DECEMBER 17, 2023

Lastly, I will focus on an amendment that catalysed the birth of the present provision on the term of copyright in Section 52 (r) of the Copyright Act of 1857. Once the author removed all copies of the work from circulation, no more licenses were to be granted. Amendment no. We could not find the exact text of the amendment.

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Copyright Publishing Derivative Work Copyright Law 59

Copyright Lately

OCTOBER 3, 2022

In addition, in granting Alexander’s motion for partial summary judgment, the court found that Alexander held valid copyrights in the tattoo designs at issue and that defendants copied those works. This confluence of events may help explain why the jury came back with its verdict in favor of Alexander.

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Kashishipr

JULY 13, 2022

Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world. In the ongoing digital era, most AR apps work by identifying a 2D symbol or physical object and then animating that view before the user’s eyes to set an illusion that it has transformed into something else.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Types of IPR for Software Protection in India Copyright – According to Copyrights Act, 1957; Copyright grants the exclusive rights, to perform certain actions regarding a work or its substantial part. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

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

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). The proposal for this new regulation was presented in April 2021.

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Copyright Fair Use Copyright Law Law 138

43(B)log

SEPTEMBER 7, 2023

In a previous case, the Eighth Circuit upheld the jury’s conclusion that the plaintiff had established a nexus between the defendant’s infringing use of his copyrighted work and its profits from the sales of the car being advertised.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

LexBlog IP

AUGUST 23, 2023

And, there are still more challenges from authors and creators to the til-now-uncompensated use of their works to “train” artificial intelligence engines, as seen in the recent open letter from the Authors’ Guild to various tech companies. ’” Id. at 9 ( quoting Compulife Software Inc. Newman , 959 F.3d

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Patently-O

OCTOBER 11, 2022

The Supreme Court has taken-up the case to consider the extent that the doctrine of transformative fair use should value “differences in meaning or message,” especially in cases where the works share core artistic elements and have the same purpose. Sarony involving a photograph and lithograph copy of the famous playwright Oscar Wilde.

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JIPL Online

APRIL 9, 2021

xxvii] Presently, however, the placement of entitlements and interpretation of scope are backwards. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

FEBRUARY 13, 2023

. §202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form. A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C.

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Copyright Blogging Publishing Fair Use 118

43(B)log

FEBRUARY 4, 2023

Characteristic phrases have to be present in all compositions in a given Raga; desirably perceivable similarity b/c that’s how the vocalist and audience gets a grip on what they’re hearing. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Derivative work? Who sues who?

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43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Possibly related to internet adoption. Share of 9 th Circuit opinions also exploded in 2006. Only about 25% of cases assess similarity under prong one, whether striking, substantial, probative, or otherwise.

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Trademark Copyright Branding Brands 72

Patently-O

DECEMBER 11, 2023

But however it is interpreted, the sentence presents several concerns: 1) First, the sentence seems to assume that training a machine learning model on copyrighted works made freely available on the open Internet is likely to be deemed (or should be deemed) a copyright violation. Under governing law, that is a judicial function.

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Copyright Fair Use Copyright Law Copyright Infringement 95