TorrentFreak

JUNE 10, 2022

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. ” 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.

Copyright 133

Copyright Derivative Work Intellectual Property Copyright Infringement 133

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

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.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

Fair Use 52

Fair Use Art Licensing Derivative Work 52

IPilogue

SEPTEMBER 13, 2022

Netflix is now suing Bear and Barlow for stealing “ valuable intellectual property ” to build their global brand. 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.

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Social Media Music Intellectual Property Content Creation 105

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. Training AI models using these works could infringe on these rights, especially without authorisation.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

LexBlog IP

MARCH 22, 2023

In the statement, they explain that while AI can generate creative works, users do not have ultimate control over how the system interprets prompts and generates material. Under copyright law, authorship is determined by examining who exercised creative control over a work. Summary of US Copyright Office Notice on AI: 1.

Derivative Work 52

Derivative Work Copyright Copyright Law Technology 52

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 in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

APRIL 25, 2023

Extending to copyright law, where Thaler is fighting a similar battle, isn’t there a “modicum of creativity” leading to the AI-created work? Copyright law does this well with the protection of derivative works. The term “Derivative Work” is defined in 17 U.S.C. §

Derivative Work 52

Derivative Work Invention Copyright Law Copyright 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

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

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. How your AI interacts with data can have significant legal implications.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Olartemoure Blog

APRIL 14, 2023

However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work. The decision focused on the fact that the sweatpants worn by Shayk were not a pre-existing work, but rather a “useful article.”

Branding 52

Branding Brands Branding Derivative Work 52

The IPKat

JANUARY 27, 2024

Copyright Eleonora Rosati alerted readers to the latest referral on the meaning of originality in EU copyright law - this time, a referral from Romania regarding the protectability of a critical edition of a work (a type of derivative work).

Derivative Work 62

Derivative Work Intellectual Property Editing Copyright 62

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. How your AI interacts with data can have significant legal implications.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

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?

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

The IPKat

NOVEMBER 15, 2023

Image: DACS IPKat's Dr Hayleigh Bosher, Associate Dean / Reader in Intellectual Property Law, Brunel University London Matthew Blakemore, Chief AI Strategist at AI Caramba! For Keiken, financial compensation for the creative work they do is important as otherwise their creative practice would not be sustainable.

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Reporting Derivative Work Intellectual Property Copyright 70

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

Artwork 52

Artwork Derivative Work Copyright Editing 52

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

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

Copyright Lately

AUGUST 2, 2022

Netflix’s reaction to “The Unofficial Bridgerton Musical” was hailed by the fan fiction community, a group which has historically faced a tenuous relationship with the owners of the intellectual property that serves as inspiration for their work. First, as far as copyright cases go, this one’s easy.

Music 105

Music Derivative Work Fair Use Cease and Desist 105

IP Tech Blog

JANUARY 4, 2023

What is the intellectual property right that most suits NFTs? Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The IP Law Blog

DECEMBER 30, 2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Paramount has since filed a motion to dismiss the case. Listen to this podcast episode here.

Blogging 52

Blogging Derivative Work IP Law 52

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 67

Music Copyright Derivative Work Ownership 67

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). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

DECEMBER 21, 2021

Under copyright law in the 1940s, copyrights registered for an initial 28-year period, and that period could then be renewed for an additional 28 years with proper filings. Supreme Court precedent to sort of “reclaim” the copyright. Why then did the film turn into the Christmas classic we know today?

Copyright 40

Copyright Public Domain Derivative Work Intellectual Property 40

The IPKat

JANUARY 18, 2023

Yuga Labs, again “ subject to your continued compliance with these Terms ”, grants the NFT owners a “ an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art ”.

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82

LexBlog IP

MAY 22, 2023

Warhol’s representation was based on and “transformed” Goldsmith’s photograph in a manner that made it a derivative work, and as such the right to create a derivative work such as the pop art and commercially license it should belong to Goldsmith, the copyright holder.

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. Further, derivative uses of copyrights do not threaten copyright enforceability or longevity.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work?

Copyright 105

Copyright Registration Music Copyright Law 105

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. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

The IPKat

MARCH 22, 2024

The role of US copyright law and economic rights As a signatory to the WPPT , the US grants performers economic rights to performances which are fixed in a sound recording. After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art.

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Moral Rights Copyright Music Art 70

LexBlog IP

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52