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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. THE DOCTRINE OF FAIR USE. the effect of the use on the copyrighted work’s potential market for or value.

Fair Use 65

Fair Use Copyright Television Copying 65

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Japan (Art.

IP 118

IP Derivative Work Intellectual Property Art 118

SpicyIP

JUNE 19, 2022

Jentham : ( continuing Nya’s idea ) For e.g. take the ‘Free Speech – Copyright – Fair use’ relationship: when the focus is on ‘right’, we may just overlook that (as some would argue) free speech is to copyright, as copyright is to fair use. I’d rather scrutinize it further and ask – exclude what?

IP 119

IP Fair Use Invention Copyright 119

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. Copyright Protection for Source Code.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

LexBlog IP

JANUARY 5, 2022

We will start with patents and copyrights because they have constitutional grounding in Article 1, Section 8 : [The Congress shall have power t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Henry , 12 F.Cas.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52