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.”

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BYU Copyright Blog

AUGUST 11, 2022

In particular, Hudson-McKinney argued that the teaching materials were created as a derivative work without the proper permission of the owner of the copyright in the underlying neurology textbook. The Reply claimed that the plaintiff had defrauded the U.S.

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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.

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Copyright Derivative Work Copyright Infringement Copying 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. The Ninth Circuit fixes that obvious error, saying the chattel in question “are the copies of Plaintiffs’ websites.” The “copies” in question are not copies in the abstract sense. ” That’s true.

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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. v Stability A.I.

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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.

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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?

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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.

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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

In considering market effects, the Court considered not just the amount of the loss of Oracle licensing revenue, but also the source of the loss, and the public benefits the copying will likely produce. The post API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

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Copying Fair Use Copyright Marketing 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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The IPKat

JUNE 27, 2022

Moreover, between May and July 2021, Yuga Labs filed trade mark applications before the United States Patent and Trademark Office (still pending at the time of writing) for several marks, including BORED APED YACHT CLUB and BAYC. Yuga Labs, therefore, still owns the copyright in each NFT. Ether (USD 1+ million).

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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 139

LexBlog IP

OCTOBER 26, 2023

Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement by OpenAI—and arguing that “substantial similarity” is irrelevant because OpenAI copied their works wholesale, without permission, in order to make ChatGPT work.

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Copying Derivative Work Copyright Copyright Infringement 52

IPilogue

DECEMBER 20, 2021

Members of fandoms often participate in various creative activities inspired by their source material, including dressing up as the characters, writing stories based in the fictional universe, and making drawings about the original work. Unfortunately, laws around fanfiction and fanart are not clear.

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Copyright Television Copyright Infringement Derivative Work 122

The IPKat

SEPTEMBER 24, 2023

In my opinion, there has never been any talk of such works, because that would be the same as talking about non-distinctive trademarks. 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. Rural, 499 U.S.

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Copyright Derivative Work Music Copying 138

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

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Blogging Law IP Fair Use 52

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Panel 18 – Trademark Liability: Jake Linford, Justin Sevier, Allyson Willis, Sex, Drugs, and Trademark Tarnishmyths Sex/drugs inherently tarnishing? Possibly related to internet adoption.

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Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” Barlow & Bear claim they got permission to use the “Bridgerton” trademark. Netflix disagrees.

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Music Derivative Work Fair Use Cease and Desist 102

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). by Tito Rendas. €

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Copyright Lately

MAY 1, 2023

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. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

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Music Copyright Copying Copyright Law 85

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers.

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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. Trademark Ownership and Infringement.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Art Law Journal

JUNE 30, 2022

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. You don’t need to register the work like you would with trademarks or patents. . Your Copy-Rights.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

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. Image source:Gettyimages].

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Copyright Intellectual Property Copying Music 52

Kashishipr

JULY 13, 2022

In the AR field, however, more IP disputes are likely to occur concerning trademark, copyright, public display, and performance, where articulating and defending against infringement matters is always more art than science. Trademarks. Issues concerning trademarks and unfair competition in the AR field shall be even more diverse.

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Intellectual Property IP Copyright Infringement Copyright 72

Kashishipr

JUNE 16, 2021

Theft of Trademarks: Trademark Infringement ensues when a third party makes unwarranted use of a mark in commercial parlance, usually about similar or competing goods, by affixing a mark that is identical or similar to the registered trademark. The act is pursued to deceive or confuse consumers as to the origin of those goods.

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Intellectual Property IP Confidentiality Registering Trademarks 98

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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Intellectual Property Contracts Ownership Invention 98

Art Law Journal

JUNE 30, 2022

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. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.). Your Copy-Rights.

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Intellectual Property IP Invention Designs 52

43(B)log

AUGUST 4, 2023

At the same time, the risk of copying essentially went away. So now, we have lots of protection for implementation where we don’t need it and no protection for interfaces where new entrants can easily be copied. Big difference is the direction of copying. Thinks there’s too much copying—why would anyone buy when they could copy?

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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.

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Copyright Derivative Work Fair Use Social Media 79

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.

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LexBlog IP

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. Trademark Ownership and Infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kashishipr

SEPTEMBER 15, 2021

Where a copyright is secured in the favor of the choreographer, it translates to the fact that the proprietor has the right to make copies, prepare derivative works or adaptations, distribute the same for sale, perform it, or even display it in another medium. Why Consider Registering a Copyright?

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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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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. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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LexBlog IP

AUGUST 23, 2023

There is also ongoing fallout at the intersection of trademark and expressive works as the Supreme Court has remanded for reconsideration of an earlier dismissal of a toy maker’s claim that a character’s name in Toy Story 3 infringed its Lots of Hugs’ trademark. ’” Id. Newman , 959 F.3d Altai, Inc.,

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