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]

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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.

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Blogging Derivative Work IP Law 52

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.

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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.

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TorrentFreak

SEPTEMBER 28, 2023

According to the authors, it is “telling” that OpenAI makes no attempt to dismiss the direct copyright infringement claim. “Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. copyright law.

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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.

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Copyright Television Copyright Infringement Derivative Work 122

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.

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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.

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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. In the Supreme Court’s opinion in Petrella v.

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Music Derivative Work Fair Use Cease and Desist 102

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. Controversy” [8] : The Litigation.

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TorrentFreak

JANUARY 6, 2023

Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued. Copyright Law: Infringement Standards.

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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.”

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Blogging Copying Social Media Copyright 97

Kluwer Copyright Blog

AUGUST 13, 2023

The US policy approach can be derived from the US National AI R&D Strategic Plan issued by the National Science and Technology Council (which offers technical guidance to the US Government) and is based on 9 strategies and represents a policy approach per principles – in this regard similar to the UK one.

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Copyright Derivative Work Copying Copyright Infringement 98

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

TYPES OF INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTS : Copyrights are a fundamental type of intellectual property right that plays a crucial role in protecting the creative works of startups. Under copyright protection, startups have the exclusive right to reproduce their works and distribute them to the public.

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Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Google responds that whatever it means, it’s preempted by copyright law. WhenU concluded that trademarks was a dead-end.

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Licensing Copyright Contracts Advertising 91

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.

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Fair Use Derivative Work Blogging Licensing 97

Kluwer Copyright Blog

FEBRUARY 22, 2022

Other contributions have focussed on creators within these industries, and look to the interplay between law and practice, examining whether specific provisions in copyright are successful in their application. We anticipate exciting new contributions on topical issues such as litigation data, trade, and diversity in the coming months.

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Technology & Marketing Law Blog

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago. mobile device screen.”

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Copying Ownership Derivative Work Contracts 78

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]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

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Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Fair Use Copyright Law Law 137

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S

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Contracts Derivative Work Intellectual Property Music 52

JIPEL Copyright Blog

MARCH 21, 2022

ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. It is an open legal question whether this would constitute an infringing derivative work. ROMs, which are equivalent to the games themselves, are an entirely different story.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

OCTOBER 3, 2022

From a purely economic standpoint, Alexander’s case was the litigation equivalent of a tattoo fail. That $3,750 works out to a measly $71 for each month the case has been pending. Simon himself predicted that the verdict could “open the floodgate” for future tattoo litigation. Bodily Autonomy. I think so.

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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Morford , at 11. ” Id. Google] , 804 F.3d

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43(B)log

FEBRUARY 4, 2023

A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Risk of strategic litigation; most restrictive jurisdiction prevails, leading to race to the bottom. Google’s global injunction against Google requiring delisting a site worldwide.

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Copyright Fair Use Privacy Derivative Work 59

LexBlog IP

JULY 21, 2021

copyright law. Secrecy Reasons : “Some religions use copyright law to keep their religions secret; some religions do not want to disclose their works to the general public.” ”) Other religions “seek copyright for secrecy, but secrecy to protect their students[,].teachers ” Id.

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Technology & Marketing Law Blog

MARCH 7, 2022

The one actually litigated in the case (these images come from the complaint) is here.) After the jury verdict, H&M asserted for the first time that Unicolors’ copyright registration was invalid, because it had improperly registered 31 different fabric designs together as works “included in a single unit of publication.”

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

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Copyright Blogging Publishing Fair Use 122

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.

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Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

JANUARY 10, 2024

” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” Trump Responding Brief at 5.

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