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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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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Kluwer Copyright Blog

APRIL 22, 2024

In Spain, NFTs and copyright have recently faced off before the commercial courts of Barcelona. In fact, on 11 January 2024, Barcelona Commercial Court number 9 handed down what is indeed the first judgment in Spain in a case where NFTs and copyright are at a crossroads. social networks, OpenSea and Decentraland digital platforms).

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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

MAY 22, 2023

Goldsmith countersued, claiming copyright infringement of her photograph. Although lower courts disagreed on a number of factors, the sole issue before the Supreme Court was whether the first factor of copyright fair use analysis weighed in AWF’s favor. § 107 ). § 107 ).

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TorrentFreak

NOVEMBER 2, 2022

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. For those with a desire to conquer but an aversion to putting in work, options are plentiful too. Defendants Picked Off, One By One.

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LexBlog IP

JULY 28, 2021

While the author of Market Mind Games: A Radical Psychology of Investing, Trading, and Risk may have hoped to obtain monetary damages, she will not be seeing billions. CBS Corporation, Brian Koppelman, David Levien, and Andrew Ross Sorkin, alleging copyright infringement over the hit Showtime television show Billions.

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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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LexBlog IP

MAY 19, 2023

Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. AWF sued Goldsmith for declaratory judgment, including on fair use grounds, and Goldsmith countersued for copyright infringement. is (in copyright lingo) not ‘transformative.’”

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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.

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LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement.

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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.

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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.

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TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. Vicarious Infringement Claim Fails. and 10 ‘Doe’ defendants.

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IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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.

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Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. William Blair & Co. ,

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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.

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LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. 4] “The larger the difference, the more likely the.

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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. is being used as code.

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The IPKat

DECEMBER 20, 2023

Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement. As such it could be argued that it has no direct impact on the market for the original by allowing an AI to hear or see a copy to be able to create by training its algorithm.

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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). Fifteen minutes of fame, meet permanent ink. A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

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Kashishipr

JULY 13, 2022

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. That said, solely artificial worlds won’t be denied copyright protection only because they are realistic.

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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. Goldsmith counterclaimed for copyright infringement.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Also consider international markets. Market leaders cannot protect themselves from all knock-offs or commentary.

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LexBlog IP

MAY 31, 2023

She contacted AWF alleging infringement of her copyright in her photograph. In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use. Goldsmith counterclaimed for copyright infringement.

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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. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

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IP and Legal Filings

DECEMBER 14, 2021

Fair use as an effective defense to copyright infringement , the district court listed four considerations for the use being fair. The nature of the copyrighted work; The substantiality of the portion used in respect to the copyrighted work as a whole; and. These were-.

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LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Trademark Ownership and Infringement. The United States.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Also consider international markets. Market leaders cannot protect themselves from all knock-offs or commentary.

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Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. All those rights belong exclusively to Plaintiffs under copyright law(see 17 U.S. Code § 103 and 106.

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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. ” Andy Warhol Foundation for Visual Arts, Inc.

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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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Trademark and Copyright Law Blog

APRIL 21, 2021

Oracle (owner of the copyrights originally held by Sun Microsystems) asserted that this use without permission was copyright infringement. It also put great weight on Oracle’s prior failures to enter the mobile phone market.

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IP Intelligence

JUNE 6, 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. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

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Art Law Journal

JUNE 30, 2022

But, if the author writes a book where one of those kids is named Harry and has a scar on his head from the villain that tried to kill him as a baby, that author will probably receive a copyright infringement letter in the near future. . How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

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SpicyIP

APRIL 15, 2024

As the worlds of GenAI and copyright collide, the issue before us is whether the use of copyrighted works through TDM for the training of GenAI amounts to copyright infringement? Primarily because many suits related to GenAI, TDM and copyright infringement have been initiated and are still pending in the USA.

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