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

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

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. What is the intellectual property right that most suits NFTs?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

NOVEMBER 8, 2021

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.”

Blogging 52

Blogging Non-Fungible Tokens Law IP 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

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

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 102

Music Derivative Work Fair Use Cease and Desist 102

The IPKat

JANUARY 18, 2023

Over the past several months, there has been an lively debate regarding the possibility of granting copyright protection to images created with AI systems (see this IPKat post here ), particularly after that various products (like for example Midjourney ) have been released on the market letting people easily create images through AI software.

Artwork 82

Artwork Contracts False Advertising Art 82

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. Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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. What is the intellectual property right that most suits NFTs?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

MAY 22, 2023

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 ). In this case, both Goldsmith’s photograph and Warhol’s art are representations of Prince.

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. At this point, this speculation seems a little premature.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

JUNE 7, 2023

Described as “an intellectual property pioneer and modern legal historian” , his untimely death in January 2022 was a blow for the academic community. Ginsburg returned to the challenge that Bill Cornish posed – how do we achieve “real benefits from copyright laws for the authors in whose name the copyrights are granted”?

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

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.

Moral Rights 70

Moral Rights Copyright Music Art 70

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

Fair Use 105

Fair Use Licensing Music Art 105

The IP Law Blog

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

The IP Law Blog

JULY 6, 2023

The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works. Otherwise, “transformative use” would swallow the copyright owner’s exclusive right to prepare derivative works….”

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 52

SpicyIP

NOVEMBER 16, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. Image from here [ This post is co-authored with Tejaswini Kaushal with inputs from Swaraj and an anonymous reader. Tejaswini is a 3rd-year B.A.

Copyright 59

Copyright Marketing Marketing Copying 59

The IP Law Blog

JUNE 15, 2023

The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” Likewise, Zillow used each photo independently to market home designs.

Copyright 98

Copyright Registration Licensing Derivative Work 98

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.

Music 85

Music Copyright Copying Copyright Law 85

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

Licensing 89

Licensing Copyright Contracts Advertising 89

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JUNE 7, 2023

“Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. ” (S. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

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.”

Blogging 96

Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

MARCH 7, 2022

In the interests of full disclosure, readers should note that I wrote and submitted an amicus brief , on behalf of myself and four other intellectual property professors, in support of the copyright owner (Unicolors), in this case. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v.

Registration 77

Registration Blogging Copyright Designs 77