TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement.

Copyright 115

Copyright Derivative Work Fair Use Reporting 115

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

TorrentFreak

MAY 11, 2023

’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. was banned and then signed up for a new account, he agreed to Bungie’s Limited Software License Agreement with no intent to comply with it; fraud according to Bungie. ’s license.

Derivative Work 122

Derivative Work Contracts Copyright Infringement Licensing 122

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. The first factor of fair use considers the nature of and reasons for a copier’s use of an original work. [4]

Licensing 52

Licensing Fair Use Copyright Derivative Work 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? Stability AI Ltd. You’d be wrong.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

TorrentFreak

SEPTEMBER 29, 2022

repeatedly breached the terms of its Limited Software License Agreement (LSLA) by using third-party cheating software, getting banned by Bungie, and then repeatedly signing back up to breach the LSLA’s terms once again. But on the other, they also grant permission – a license – for other actions too. ” No LSLA?

Derivative Work 112

Derivative Work Licensing Copyright Infringement Copyright 112

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.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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 licensed his photo to various online and print publications for use in articles about Shayk. Deadly Doll, Inc.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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.,

Derivative Work 111

Derivative Work Copyright Infringement Copyright Contracts 111

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

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. This case is one of a spate of recent infringement claims brought against video-game makers over realistic depictions of tattooed athletes.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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.

Copyright 127

Copyright Derivative Work Intellectual Property Copyright Infringement 127

BYU Copyright Blog

DECEMBER 5, 2022

He gave full ownership of the software to Alabama, and Alabama then entered a licensing agreement with a private company called Obtego Cyber, LLC ("Obtego") to use the software in their company. We will continue with updates on this case when they become available.

Derivative Work 52

Derivative Work Ownership Copyright Infringement Licensing 52

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

In 1984, Goldsmith licensed the copyrighted photograph for $400—for publication “one time”—to Vanity Fair, who hired Andy Warhol to make a purple silk screen image based on the photograph, which Vanity Fair published in an article about Prince. is (in copyright lingo) not ‘transformative.’”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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. What is an Assignment of Copyright?

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

JANUARY 6, 2023

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. YouTube’s Licensing Defense. It has not,” Judge Donato writes.

Copyright 112

Copyright Music Licensing Publishing 112

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The Court in Campbell emphasized that transformative fair uses leave “breathing space” for next generation creations that build on the expression of pre-existing works.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music 105

Music Derivative Work Fair Use Cease and Desist 105

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

Fair Use 95

Fair Use Derivative Work Licensing Art 95

LexBlog IP

SEPTEMBER 12, 2023

For example, using copyrighted data for research might be considered Fair Use, but commercializing that data likely is not. Another area that requires attention is the distinction between Open Source and Copyrighted Material. Open Source material may seem safe and easy, but it has its licenses and restrictions.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

For example, using copyrighted data for research might be considered Fair Use, but commercializing that data likely is not. Another area that requires attention is the distinction between Open Source and Copyrighted Material. Open Source material may seem safe and easy, but it has its licenses and restrictions.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Velocity of Content

MARCH 16, 2023

Transformative use” is not mentioned in Section 107 of the Copyright Act but has been read into the first of four fair use factors. If you are confused by the difference between transformation that excuses infringement and transformation that is the exclusive right of the creator, welcome to my world. These cases are not against AI.

Litigation 96

Litigation Fair Use Copying Derivative Work 96

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Recall that the Supreme Court majority limited its own fair use analysis to the licensing of Andy Warhol’s Orange Prince to Condé Nast in 2016.

Fair Use 87

Fair Use Social Media Licensing Marketing 87

The IP Law Blog

JULY 6, 2023

Take, for instance, the copyright infringement case filed by the rights holder to the Ed Sullivan Show against the producers of the Broadway hit Jersey Boys in Sofa Entertainment v. The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music.

Fair Use 106

Fair Use Licensing Music Art 106

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” Goldsmith counterclaimed for copyright infringement. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IPilogue

SEPTEMBER 13, 2022

Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. Netflix claimed that the defendants declined their licensing offer before the live performance and proceeded without authorization.

Social Media 105

Social Media Music Intellectual Property Content Creation 105

LexBlog IP

JULY 6, 2023

Take, for instance, the copyright infringement case filed by the rights holder to the Ed Sullivan Show against the producers of the Broadway hit Jersey Boys in Sofa Entertainment v. The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Goldsmith was unaware of these additional works. She contacted AWF alleging infringement of her copyright in her photograph.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Copyright Lately

FEBRUARY 20, 2022

Nearly a year after a screenwriter’s lawsuit over Disney’s “Muppet Babies” reboot was dismissed, the trustee of Jeffrey Scott’s bankruptcy estate has filed a new complaint alleging copyright infringement in a production bible and scripts from the original series. Does the Bankruptcy Trustee Have a Case?

Ownership 82

Ownership Copyright Infringement Contracts Copyright 82

The IPKat

DECEMBER 20, 2023

Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement. Concerning the lawfulness of the outcome of this machine training, we need clarity on the exclusivity of making derivative works. probably without having Bad Bunny´s consent.

Music 73

Music Social Media Copying Derivative Work 73

The IPKat

JUNE 27, 2022

Yuga Labs, therefore, still owns the copyright in each NFT. Comment The first point that stands out is that the plaintiff has decided not to act for copyright infringement, notwithstanding that BAYC still retains the copyright in the NFTs’ digital file and Ripps re-minting of BAYC’s NFTs has arguably infringed BAYC’s copyright.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Copyright Lately

JANUARY 31, 2023

What makes Astley’s case interesting is that Gravy and his record label obtained the appropriate copyright license to recreate the melody and lyrics from “Never Gonna Give You Up” (which Astley didn’t write and doesn’t control) for “Betty (Get Money).” ” 17 U.S.C. §

Music 99

Music Copyright Licensing Copyright Infringement 99

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” See 143 S. ” Id. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52