TorrentFreak

JANUARY 17, 2024

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.” New law that came into force in April 2023 allows the free use of copyright works for parody, pastiche, and caricature.

Copyright 118

Copyright Derivative Work Fair Use Reporting 118

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. §

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Derivative Work Invention Copyright Law Copyright 52

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

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Derivative Work Copyright Settlement Reporting 102

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

IP Tech Blog

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. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before. The Copyright Act Definition is Broad, But.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

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. Vila licensed his photo to various online and print publications for use in articles about Shayk. You get the idea.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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.

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Derivative Work Public Domain Copyright Fair Use 104

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.

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Fair Use Derivative Work Artwork Copyright Law 52

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

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 121

Copyright Copying Derivative Work Licensing 121

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 131

Copyright Derivative Work Intellectual Property Copyright Infringement 131

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. Studios will usually work through licensing deals to smooth out the creation of adaptations. In Yonay v.

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Derivative Work Licensing Copyright Copyright Law 64

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. Open Source material may seem safe and easy, but it has its licenses and restrictions.

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. Open Source material may seem safe and easy, but it has its licenses and restrictions.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

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.

Fair Use 52

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

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. The right to create derivative works.

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Non-Fungible Tokens Licensing Ownership Copying 97

TorrentFreak

JANUARY 6, 2023

YouTube’s motion for summary judgment states that Schneider licensed her content to YouTube, presented no evidence of DMCA violations, and in some cases had filed untimely claims. Copyright Law: Infringement Standards. YouTube’s Licensing Defense. It has not,” Judge Donato writes.

Copyright 115

Copyright Music Licensing Publishing 115

Velocity of Content

SEPTEMBER 2, 2021

In the fourth , we looked at the upcoming implementation of the CASE Act, which (assuming it works as intended) will provide for a “small claims court” style of addressing copyright issues. Creative Commons – a non-profit organization operating since early 2001 – released its first licenses to the public in 2002.

Copyright 115

Copyright Licensing Social Media Derivative Work 115

IPilogue

SEPTEMBER 13, 2022

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. The song writing duo seemed to have crossed the line when they began profiting off the Bridgerton brand.

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Social Media Music Intellectual Property Content Creation 105

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

IP Tech Blog

JANUARY 4, 2023

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. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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. Was it a license on the world’s greatest terms?

Music 105

Music Derivative Work Fair Use Cease and Desist 105

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. Copyright Law and DRM. Still, here’s the relevant section.

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Copying Social Media Licensing Technology 117

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed. federal copyright law)?

Fair Use 98

Fair Use Derivative Work Licensing Art 98

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.

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Art Artwork Intellectual Property Copyright Law 52

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.

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Fair Use Licensing Music Art 106

The IPKat

DECEMBER 20, 2023

Concerning the lawfulness of the outcome of this machine training, we need clarity on the exclusivity of making derivative works. It gives an individual the exclusive right to license the use of their identity for commercial promotion. And AI algorithms become better every day.

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Music Social Media Copying Derivative Work 73

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]

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Fair Use Derivative Work Art Licensing 97

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

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 87

Music Copyright Copying Copyright Law 87

Copyright Lately

JANUARY 31, 2023

What makes Astley’s case interesting is that Gravy and his record label obtained the appropriate copyright license to recreate the melody and lyrics from “Never Gonna Give You Up” (which Astley didn’t write and doesn’t control) for “Betty (Get Money).” The Copyright Office is referring to 17 U.S.C. §

Music 99

Music Copyright Licensing Copyright Infringement 99

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

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Derivative Work Cease and Desist Blogging Litigation 59

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 fair dealing exceptions recognize certain uses of protected works as benefitting society, and thereby safeguard those uses from findings of infringement.

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Fair Use Derivative Work Copyright Copyright Law 59

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 ”. In sum, we will be now waiting to see how the court will decide.

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82

LexBlog IP

JANUARY 4, 2023

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. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52