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.

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Copyright Copying Derivative Work Licensing 122

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. Ownership and Enforcement. Copyright Ownership.

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IP Ownership Non-Fungible Tokens Copyright Law 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

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Was it a license on the world’s greatest terms?

Music 105

Music Derivative Work Fair Use Cease and Desist 105

Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

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Litigation Fair Use Copying Derivative Work 96

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

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Traverse Legal Blog

JANUARY 29, 2022

The person who buys that NFT becomes the owner, and they can transfer ownership later, and that person becomes the new owner, and so on” -Enrico Schaefer, NFT Attorney. In this example, you are not purchasing the copyright to this photo, as the website says, “Copyright ownership remains with the owner.”

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Licensing Non-Fungible Tokens Copyright Copying 102

Copyright Lately

JANUARY 31, 2023

Note that while Primary Wave has an indirect financial stake in “Betty (Get Money)” based on its ownership of Waterman’s piece of the song, the company isn’t named (or even mentioned) in Astley’s lawsuit. The Copyright Office is referring to 17 U.S.C. § A voice is not copyrightable. 114(b). . §

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Music Copyright Licensing Copyright Infringement 99

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.

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Licensing Copyright Contracts Advertising 87

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.

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Copyright Derivative Work Fair Use Copyright Law 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes.

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Derivative Work Licensing Artwork Contracts 87

Technology & Marketing Law Blog

JANUARY 12, 2024

” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Accordingly, the Kremen case has long vexed the trespass to chattels jurisprudence by collapsing the distinction between intangibles and tangibles for property law purposes.

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Copying Ownership Derivative Work Contracts 74

IP and Legal Filings

JANUARY 23, 2023

[Image Sources : Gettyimages] One of the important issues in online is copyrights. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. iii] NFTs are limited to having a single owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 79

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 138

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

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. Plaintiffs attach each of these licenses to the complaint.

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Blogging Licensing Privacy Copyright Notice 126

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. NFTs Are Not Copyrightable. This is, after all, supposed to be a copyright case.

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Copying Non-Fungible Tokens Contracts Copyright 127

SpicyIP

NOVEMBER 16, 2023

Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note.

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Copyright Marketing Marketing Copying 59

LexBlog IP

JULY 21, 2021

Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.” copyright law. ” (at page 9 and 13). .” World Intellect.

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Intellectual Property Invention Trademark Copyright 52

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. Developing a jurisprudence: you need to implement an overall copyright policy—what is the purpose of ©? Motivation for © owners to change how they view ownership? Is fair use/fair dealing the answer?

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Copyright Fair Use Privacy Derivative Work 59

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt.

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Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

FEBRUARY 13, 2023

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”? Second, if so, who is the initial owner of the copyright(s)? Third, is Trump’s claim of ownership barred by 17 U.S.C.

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Copyright Blogging Publishing Fair Use 118

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters.

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Ownership Copyright Government Intellectual Property 52