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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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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IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. .

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Copyright Television Copyright Infringement Derivative Work 122

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

DECEMBER 19, 2023

This second part of our four-part series on using synthetic data to train AI models explores how the use of synthetic data training sets may mitigate copyright infringement risks under EU law. This decision is currently on appeal, and no U.S. 2] MIT Sloan, “ The Real Deal About Synthetic Data ” (October 20, 2021). [3]

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IP Derivative Work Copyright Copyright Infringement 52

TorrentFreak

JANUARY 25, 2023

In August 2021, Bungie filed a copyright infringement lawsuit against a number of defendants involved in the development and supply of Destiny 2 cheating tool, Wallhax. In this lawsuit alone, Bungie has already incurred litigation costs in excess of $338,000. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc.,

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Derivative Work Copyright Litigation Privacy 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. Metro-Goldwyn-Mayer, Inc.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance.

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Fair Use Copying Copyright Infringement Technology 113

Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims.

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Licensing Derivative Work Intellectual Property Moral Rights 52

LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series.

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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 Motion For Summary Judgment.

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LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). Code § 103 and 106.

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Copyright Derivative Work Copying Copyright Infringement 98

Technology & Marketing Law Blog

JUNE 20, 2023

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

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LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

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Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JUNE 5, 2023

Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. ” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. Acuff-Rose Music, Inc. , ” Id. ” Slip Op., ” Id.

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Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

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Blogging Copying Social Media Copyright 96

Patently-O

DECEMBER 11, 2023

45, to bring enforcement actions aimed at activities, including those involving the training and use of AI, that might involve copyright infringement—although we would note that the copyright consequences of AI are, as yet, undefined. That is far too hasty. Under governing law, that is a judicial function. Meta Platforms, Inc.,

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Why are we revisiting this crusty old topic? ” That’s true.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Fair Use Copyright Law Law 137

JIPEL Copyright Blog

MARCH 21, 2022

It is therefore possible that TOs would be liable for some form of secondary liability of copyright infringement. It is an open legal question whether this would constitute an infringing derivative work. The second issue comes from Slippi itself.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

OCTOBER 3, 2022

From a purely economic standpoint, Alexander’s case was the litigation equivalent of a tattoo fail. That $3,750 works out to a measly $71 for each month the case has been pending. Some of Randy Orton’s tattoos from Catherine Alexander’s copyright applications. What Happened. Skull arm design. Tribal design.

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Fair Use Designs Design Licensing 80

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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LexBlog IP

AUGUST 23, 2023

But the entire Morford analysis revolved around the 11 th Circuit’s “abstraction-filtration-comparison” test, described as “initially developed to review claims of copyright infringement relating to novels and plays but also applied in contexts such as software programming.” ” Id. Google] , 804 F.3d

Copyright 52

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43(B)log

AUGUST 4, 2023

Ben Depoorter, Copyright Small Claims Litigation: An Empirical Analysis Goal: stick to infringement. Reproduction and public display are the main alleged rights violated (with lots of overlap); only 71 derivative work claims. Time frame ongoing; 428 cases so far.

IP 52

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LexBlog IP

JULY 21, 2021

To avoid these issues, religious groups can implement copyright law to prevent all impermissible copying and distribution of the religious works and any derivative works, and therefore maintaining their doctrinal purity. ” Welsh (2015) at 134. ” Id. at 138-139.

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43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. It is nonsensical to analyze fair use as a defense to something that is not copyright infringement to begin with.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

Copyright 120

Copyright Blogging Publishing Fair Use 120

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? So there’s no stories coming out, okay.

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