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.

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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 105

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

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.

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Fair Use Derivative Work Copying Licensing 57

LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing. Goldsmith Navigating the Future Legal Landscape Warhol v.

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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

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It was also held in this case that in the case of a work inspired by already existing works, the new or ‘derivative work’ should be considerably different from the existing works.

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Copyright Artistic Work Copyright Law Art 96

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

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

LexBlog IP

MAY 22, 2023

” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.” Photographer Lynn Goldsmith photographed Prince for Newsweek , when the now-iconic musician was still only an “up and comer.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

TorrentFreak

SEPTEMBER 28, 2023

copyright law. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims.

Fair Use 98

Fair Use Copyright Copyright Infringement Derivative Work 98

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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Music Copyright Derivative Work Ownership 67

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

LexBlog IP

APRIL 23, 2023

copyright law, only works created by human authors are eligible for copyright protection. AI-generated material alone is not considered a work of authorship and cannot be protected under copyright law. Derivative Works and AI-Generated Material A. Authorship and Human Contribution A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

The IPKat

NOVEMBER 15, 2023

Mr Zimmermann acknowledged that in the context of creators being asked for their permission, ‘the cat is out of the bag’ since AI systems have already scraped huge amounts of data (including visual images) to learn to create new works without creators even knowing whether or not their works have been used.

Reporting 70

Reporting Derivative Work Intellectual Property Copyright 70

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. The problem is not human, but the work In fact, the whole issue is not about a person, but about a work.

Copyright 138

Copyright Derivative Work Music Copying 138

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

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

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. These actions include reproducing, distributing, publicly performing, adapting, translating, making derivative works, creating copies of films or sound recordings, and communicating the work to the public.

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Intellectual Property Invention Artistic Work Copyright 56

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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

Copyright Lately

MAY 1, 2023

Uberduck’s interface allows users to upload reference tracks or even convert text directly to speech. First of all, in terms of copyright, to reiterate our very clearly articulated position. copyright law really doesn’t seem to give UMG a ton of options. ” VMG Salsoul, LLC v. .”

Music 87

Music Copyright Copying Copyright Law 87

Kluwer Copyright Blog

JANUARY 16, 2024

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

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Derivative Work Copyright Infringement Copying Copyright 133

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Copyright Lately

JANUARY 31, 2023

Copyright Office , “Permission from the copyright owner of a preexisting sound recording is not necessary when interpolating a musical work, regardless of how similar the new recording may be to an old recording. The Copyright Office is referring to 17 U.S.C. § A voice is not copyrightable. 114(b). . §

Music 99

Music Copyright Licensing Copyright Infringement 99

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. ” The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 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.

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Fair Use Derivative Work Blogging Licensing 95

Traverse Legal Blog

JANUARY 29, 2022

. “The license rights will tell the buyer that they are buying the NFT, but they are getting the license to the associated digital asset, which we will define as the works. We refer to the NFT sellers as the granter or licenser. In the illustration above, the grantee may not modify the work in any way.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. 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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 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 95

Blogging Copying Social Media Copyright 95

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.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

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Copyright Law Art Copyright Law 87

The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October.

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Copyright Derivative Work Copyright Law Law 91

IP and Legal Filings

MAY 3, 2024

Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

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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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