BYU Copyright Blog

JANUARY 10, 2022

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

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Copyright Infringement Copyright Derivative Work Fair Use 98

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

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Kluwer Copyright Blog

APRIL 3, 2024

Tesco failed to do so and Lidl successfully argued that the part copied (the blue background with the yellow circle) formed a substantial part of the copyright work (the Mark with Text), and so Tesco was held liable for copyright infringement.

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Copyright Infringement Copyright Copying Artistic Work 61

IPilogue

MAY 26, 2022

Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder.

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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. Copyright Infringement Offenses. 1201(a)(2)). 504(c) ,” the complaint adds.

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Barry Sookman

FEBRUARY 25, 2024

In a prior post , I summarized four United States copyright decisions that examined copyright infringement liability for training and making available generative AI (GenAI) services. … The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman.

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LexBlog IP

OCTOBER 5, 2021

Model Genevieve Morton is taking on Twitter over the dissemination of her images on the platform, accusing the platform of contributing to the copyright infringement that takes place on the site of images she holds the rights to.

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LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement.

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Plagiarism Today

JULY 28, 2021

1: Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement. The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools.

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The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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43(B)log

DECEMBER 12, 2022

Q: If the derivative works right were abolished, would anything important be lost? ChatGPT, getting everything backwards: If the derivative works right were abolished, it would have significant implications for the creative industries. In your analysis, consider the role of substantial similarity.

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Derivative Work Copyright Infringement Copyright Reporting 64

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

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Fair Use Derivative Work Artwork Copyright Infringement 97

TorrentFreak

JANUARY 17, 2024

Free Speech Has Limits A criminal copyright infringement trial that concluded in Finland this week also saw the defendant rely on a fair use-style parody defense. When he copied and then rebroadcast the news report, that was copyright infringement.

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Copyright Derivative Work Fair Use Reporting 115

LexBlog IP

FEBRUARY 20, 2024

Stability AI —the case in which a group of visual artists sued the makers of several different generative AI platforms for copyright infringement—tossed most of the plaintiffs’ claims last year. However, the court allowed the plaintiffs an opportunity to replead. But there are also many similarities.

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Derivative Work Copyright Infringement Social Media Copyright 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? But before we get there, we need to ask a fundamental question: What’s a derivative work? The Copyright Act Definition is Broad, But.

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LexBlog IP

NOVEMBER 8, 2023

iv] Claims brought against the defendants included direct copyright infringement, vicarious copyright infringement, violations of the Digital Millennium Copyright Act, violations of California’s right of publicity statute and common law rights of publicity and unfair competition under California state law.

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TorrentFreak

MAY 10, 2023

The Domino Effect Bungie filed a copyright infringement lawsuit against defendants allegedly involved in the development and supply of Destiny 2 cheat ‘Wallhax’ back in August 2021. in copyright infringement damages against Elite Boss Tech, Inc., in copyright infringement damages against Elite Boss Tech, Inc.,

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Derivative Work Copyright Infringement Copyright Contracts 111

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. Stearns, Todd J.

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Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

SEPTEMBER 5, 2023

Bungie’s copyright infringement-based lawsuits against cheat makers, sellers, and those who use them, have divided opinion in unexpected ways. It targeted an individual who had deployed cheats in Destiny 2 and as a result, now faced claims of breaching security mechanisms controlling access to a copyrighted work.

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Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. Vila later filed a lawsuit for copyright infringement against Deadly Doll based on the unauthorized reproduction and distribution of his photo. .

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TorrentFreak

JUNE 10, 2022

.” 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. Statutory Damages Award for Copyright Infringment. The parties were as far apart as ever and the lawsuit seemed to be heading towards trial.

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Copyright Derivative Work Intellectual Property Copyright Infringement 129

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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TorrentFreak

MAY 11, 2023

’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. With no license in place, Bungie said that every download and every play of Destiny 2 amounted to copyright infringement, potentially placing L.L. Bungie says that each time L.L. ’s license.

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Derivative Work Contracts Copyright Infringement Licensing 123

TorrentFreak

SEPTEMBER 28, 2023

According to the tech company, there are no viable claims for vicarious copyright infringement, DMCA violation, unfair competition, and unjust enrichment. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage. copyright law.

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Fair Use Copyright Copyright Infringement Derivative Work 96

LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

Plagiarism Today

NOVEMBER 9, 2022

However, publishing companies had been continuing to collect royalties on behalf of songwriters even after the rights were reclaimed due to the law saying that publishers can continue licensing any existing derivative works.

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BYU Copyright Blog

DECEMBER 5, 2022

Obtego agreed that they would not permit third parties to use the software and that any derivative works based on the software would belong to Alabama.After leaving Alabama, Heydari started to work with Obtego. We will continue with updates on this case when they become available.

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TorrentFreak

SEPTEMBER 29, 2022

is further accused of selling Bungie emblems on third-party platforms and using cheating software that modifies the Destiny 2 game, violates the DMCA’s anti-circumvention provisions, and creates infringing derivative works. Stronger Copyright Claims Coming Right Up. Cheat Software and Derivative Works.

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Derivative Work Licensing Copyright Infringement Copyright 113

Intepat

JANUARY 8, 2024

Training AI models using these works could infringe on these rights, especially without authorisation. 1) Section 106 Exclusive Rights : Section 106 of the Copyright Act of 1976 grants copyright owners exclusive rights to reproduce, prepare derivative works, and distribute their copyrighted material.

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LexBlog IP

MAY 22, 2023

Goldsmith countersued, claiming copyright infringement of her photograph. The dissent argued that the majority incorrectly disregarded this transformative character in favor of honing in on the commercial purpose aspect, obscuring the broader purpose of fair use as a copyright infringement “escape valve” for creatives.

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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

FEBRUARY 15, 2024

OpenAI, Inc. , [1] a putative class action filed on behalf of a group of authors alleging that OpenAI infringed their copyrighted literary works by using them to train ChatGPT. [2] 2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

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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. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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TorrentFreak

SEPTEMBER 9, 2021

The current verdict against Cox indeed requires ISPs to terminate repeat copyright infringers. Among other things, Cox’s brief stresses it can’t be held liable for vicarious copyright infringements because the company didn’t directly profit from pirating subscribers. Cox Denies Liability. Landmark Case.

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BYU Copyright Blog

MAY 24, 2022

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Among the tens of thousands of tattooers working in the United States, the tiny handful who have brought copyright infringement claims are rare outliers.

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LexBlog IP

SEPTEMBER 28, 2023

Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement. ” OpenAI’s arguments instead focused on vicarious liability and failure to state a claim under Section 1202(b) of the Digital Millennium Copyright Act (the “DMCA”).

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