IP Tech Blog

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. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

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Fair Use Derivative Work Copying Licensing 57

Plagiarism Today

AUGUST 29, 2022

This means that a majority of published research is hidden behind paywalls and not available to those that don’t or can’t pay for access to it outside of pirated copies. To that end, most have adopted an “author pays” system, where the author(s) pay for an article processing charge (APC), commonly referred to as a publication fee.

Journalism 229

Journalism Derivative Work Publishing Licensing 229

Plagiarism Today

SEPTEMBER 28, 2022

Gibson, the creator of The Shadow, referred to Batman as a “clowned-up version of The Shadow.”. Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced.

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Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. For works published before 1978, that is 95 years after publication meaning that works from 1926 expired into the public domain at the start of the year. They are free of copyright.

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Public Domain Music Derivative Work Licensing 199

Kluwer Copyright Blog

SEPTEMBER 11, 2023

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”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Switzerland (scientific research) g. Doesn’t protect style E.

IP 120

IP Derivative Work Intellectual Property Art 120

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. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 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.

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Derivative Work Copying Copyright Infringement Copyright 52

IP and Legal Filings

MAY 15, 2024

It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display. References. Main Blog Unlicensed use of any content registered under the Copyright Act, 1957 , violates the exclusive rights of the owner and amounts to copyright infringement.

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Licensing Intellectual Property Ownership IP 78

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Prince is work plus embodiment.

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Fair Use Derivative Work Copying Marketing 59

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.

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Derivative Work Copyright Fair Use Copyright Law 59

LexBlog IP

SEPTEMBER 28, 2023

It is not enough for the output to merely be “based upon” another work, Open AI argued. OpenAI also made passing reference to the fair use defense, arguing that courts are empowered to adapt the defense “to account for ‘rapid technological change.’”

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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. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

APRIL 3, 2024

On infringement, the judge found that the similarities were sufficiently close to be more likely a result of copying than coincidence and so it was for Tesco to explain those similarities. On the judge’s substantial part finding, Tesco argued on appeal that Tesco had not copied what was original to the author of the Stage 3 Work.

Copyright Infringement 60

Copyright Infringement Copyright Copying Artistic Work 60

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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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LexBlog IP

MAY 19, 2023

.” The “transformative use” analysis is part of this factor, but not the whole factor: “Although new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive of the first factor.” of a commercial nature. .”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

TorrentFreak

SEPTEMBER 28, 2023

To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. In that case, the court rejected the fair use argument and referred the matter to trial. .” Given that, OpenAI’s arguments regarding fair use are wholly misplaced.

Fair Use 98

Fair Use Copyright Copyright Infringement Derivative Work 98

TorrentFreak

SEPTEMBER 7, 2021

However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. Fair Use Defenses.

Copyright 115

Copyright Fair Use Copyright Infringement Copying 115

Plagiarism Today

DECEMBER 1, 2021

Mr. Beast makes it abundantly clear at multiple points in the video that his work is based on Squid Game , and he repeatedly references the show throughout. The source of the work was very heavily cited throughout. For those trying to create original works, it raises the question: Why bother? Why Bother?

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Plagiarism Derivative Work Copying Licensing 245

The IPKat

SEPTEMBER 24, 2023

The problem is not human, but the work In fact, the whole issue is not about a person, but about a work. So, there is no literal and non-literal copying of a work. A work is always just a creative combination of elements such as words, sounds, shapes or colors. This is pure fiction.

Copyright 138

Copyright Derivative Work Music Copying 138

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).

Music 98

Music Copyright Law Copyright Law 98

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .” 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). See, e.g., White v. See also Prof.

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Copyright Copying Copyright Infringement Editing 46

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. As to economic rights, copyright implies an authorization for activities of reproduction, communication to the public, distribution and creation of derivative works (adaptation).

Copyright 103

Copyright Public Domain Art Moral Rights 103

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

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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

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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Fair Use Licensing Copying Artwork 91

Copyright Lately

MAY 1, 2023

Uberduck’s interface allows users to upload reference tracks or even convert text directly to speech. The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model.

Music 87

Music Copyright Copying Copyright Law 87

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. To protect original ideas: When someone comes up with a unique idea, others try to copy it for their own financial gain.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. These actions include reproducing, distributing, publicly performing, adapting, translating, making derivative works, creating copies of films or sound recordings, and communicating the work to the public.

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Intellectual Property Invention Artistic Work Copyright 56

Traverse Legal Blog

JANUARY 29, 2022

You’re getting a license to use, copy and display this item. “The license rights will tell the buyer that they are buying the NFT, but they are getting the license to the associated digital asset, which we will define as the works. We refer to the NFT sellers as the granter or licenser. Ownership of NFTs.

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Licensing Non-Fungible Tokens Copyright Copying 102

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Many derivative works.

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Fair Use Art Licensing Copyright Infringement 52

Intepat

MAY 24, 2023

3)TECHNOLOGY LICENSING OR TECHNOLOGY TRANSFER AGREEMENT: Technology transfer refers to the flow of modern technology between businesses or within the same business. 4)TRADEMARK LICENSING AND FRANCHISING AGREEMENT Trademark licensing refers to an arrangement where the owner of a trademark allows another individual or group to use the mark.

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Intellectual Property Contracts Ownership Invention 98

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. This body of text is called the training dataset.

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Derivative Work Copyright Infringement Copying Copyright 133

Kashishipr

JULY 13, 2022

On the other hand, VR refers to a way of generating realistic sounds, images, and other sensations leading people to the middle of an imaginary world. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object? It is the primary technology of the metaverse.

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Intellectual Property IP Copyright Infringement Copyright 72

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. What are Intellectual Property Rights (IPRs)?

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Intellectual Property Cease and Desist Invention Branding 52