IPilogue

MAY 26, 2022

Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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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 ).

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Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

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IPilogue

JULY 18, 2022

The focus of the conflict was the meaning of “transformative works” in the U.S. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. There seems to have always been tension between artistic creativity and copyright law.

Copyright Law 111

Copyright Law Copyright Law Art 111

Plagiarism Today

SEPTEMBER 15, 2021

Pearson alleges that, with many of the questions and answers in Chegg Study, Chegg simply repeats the question verbatim or uses a poor paraphrase of it. In short, since the answers require the question to be created, those answers are themselves a derivative work of the question and one that harms the value of those questions.

Copyright Infringement 232

Copyright Infringement Copyright Derivative Work Fair Use 232

TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. 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.”

Copyright 115

Copyright Derivative Work Fair Use Reporting 115

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. But fair use protects precisely this kind of analysis. Patton, 769 F.3d

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

Intepat

JANUARY 8, 2024

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Vila’s Motion.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. You’d be wrong. 17 U.S.C. §

Derivative Work 108

Derivative Work Art Copying Fair Use 108

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. That “data” typically includes other creators’ copyrighted material. What is a Derivative Work?

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Derivative Work Copyright Fair Use Copyright Law 59

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about.

Derivative Work 104

Derivative Work Public Domain Copyright Fair Use 104

Velocity of Content

AUGUST 9, 2022

She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit. First, there are not that many Supreme Court cases that address fair use. Why would the Supreme Court take up another fair use case so quickly?

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Fair Use Derivative Work Licensing Art 98

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

SEPTEMBER 21, 2023

.” OpenAI claimed that the authors “misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

LexBlog IP

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

Fair Use 106

Fair Use Licensing Music Art 106

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

Fair Use 52

Fair Use Copyright Privacy Copying 52

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

Fair Use 232

Fair Use Non-Fungible Tokens Copyright Social Media 232

JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Fair Use Derivative Work Blogging Licensing 95

IPilogue

NOVEMBER 16, 2022

The doctrine of fair dealing in Canada has long played an important role in balancing the scales of copyright law from leaning too far in favour of copyright holders. The parallel doctrine in the US tracks along similar reasoning and is known as the ‘fair use’ doctrine. Our answer is yes.”

Fair Use 59

Fair Use Derivative Work Copyright Copyright Law 59

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” First, as far as copyright cases go, this one’s easy. A Musical Parody ” and “ Friends!

Music 105

Music Derivative Work Fair Use Cease and Desist 105

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. How has this come to be? Likely good business sense. That would have been a very different film! In Yonay v.

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

Copyright 120

Copyright Copying Derivative Work Licensing 120

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

DECEMBER 20, 2023

Currently, TDM exceptions for non-commercial use exist in some jurisdictions such as the UK ( Article 29A, CDPA ), whereas in the EU the exception in Article 4 of the DSM Directive applies to any type of use, but rightsholders have the ability to opt their works out of the TDM exception.

Music 73

Music Social Media Copying Derivative Work 73

IPilogue

DECEMBER 20, 2021

Japan’s proposed new law would require professional cosplayers to pay a fee to the creators of the characters they cosplay in specific circumstances ( for example , when appearing as a character for an event or on television). Luckily for most cosplayers, their costumes likely do not infringe copyright laws.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

Trademark and Copyright Law Blog

APRIL 21, 2021

Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. Justice Breyer, writing for the majority, concluded that Google’s use of the Java code was protected under fair use.

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Copying Fair Use Copyright Marketing 40

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

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Fair Use Licensing Music Art 40

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

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Music Copyright Copying Copyright Law 87

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works.

Copyright 52

Copyright Intellectual Property Copying Music 52