JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

JANUARY 8, 2024

New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. Stability AI Ltd.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Aaron Moss has a thoughtful breakdown of the court’s seeming mishandling of the Alexander case at Copyright Lately. by guest blogger Aaron Perzanowski , University of Michigan Law School.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. In July, Triller filed its second amended complaint which added Teddy Fresh Inc.

Copyright 114

Copyright Fair Use Copyright Infringement Copying 114

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. § 107 ). § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

TorrentFreak

NOVEMBER 2, 2022

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. For those with a desire to conquer but an aversion to putting in work, options are plentiful too. From: TF , for the latest news on copyright battles, piracy and more.

Settlement 108

Settlement Cease and Desist Confidentiality Social Media 108

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. Copyrights in the US are protected under the U.S.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. of a commercial nature. .”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

JULY 28, 2021

While the author of Market Mind Games: A Radical Psychology of Investing, Trading, and Risk may have hoped to obtain monetary damages, she will not be seeing billions. CBS Corporation, Brian Koppelman, David Levien, and Andrew Ross Sorkin, alleging copyright infringement over the hit Showtime television show Billions.

Derivative Work 40

Derivative Work Television Copyright Infringement Marketing 40

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The Court in Campbell emphasized that transformative fair uses leave “breathing space” for next generation creations that build on the expression of pre-existing works.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

The IP Law Blog

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use… for purposes such as criticism [and] comment…. is not an infringement of copyright.” 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

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen. Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).

Fair Use 85

Fair Use Social Media Licensing Marketing 85

The IPKat

DECEMBER 20, 2023

In the US for example, material that has been created by AI but has not been “touched” by a human author cannot be copyrighted, while the Beijing Internet Court recently ruled that AI-generated images can be protected by copyright at certain conditions. And AI algorithms become better every day.

Music 73

Music Social Media Copying Derivative Work 73

Kashishipr

JULY 13, 2022

Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market. The copyright-related questions arise with the extent to which the content in the AR field shall be registrable.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use. is not an infringement of copyright.” The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Around this time, Goldsmith learned of the additional works comprising the Prince Series. for Visual Arts, Inc.

Fair Use 52

Fair Use Licensing Copyright Editing 52

IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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. Copyrights in the US are protected under the U.S.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

IP and Legal Filings

DECEMBER 14, 2021

The copyright was owned by Goldsmith. AWF owns much of the work of Andy’s. After the death of Warhol, the copyright over Warhol’s work of Prince series was copyrighted by AWF having gained rights over it. The purpose and character of the use; The impact on the copyrighted work’s potential market or value.

Fair Use 52

Fair Use Music Derivative Work Copyright 52

Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. and others v.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 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. Also consider international markets. Market leaders cannot protect themselves from all knock-offs or commentary.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 87

Music Copyright Copying Copyright Law 87

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 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].

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

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. Also consider international markets. Market leaders cannot protect themselves from all knock-offs or commentary.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Trademark and Copyright Law Blog

APRIL 21, 2021

Oracle (owner of the copyrights originally held by Sun Microsystems) asserted that this use without permission was copyright infringement. Declaring Code Not “at the Core of Copyright”. Justice Breyer, writing for the majority, concluded that Google’s use of the Java code was protected under fair use.

Copying 40

Copying Fair Use Copyright Marketing 40

LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S. Goldsmith , 598 S.

Fair Use 52

Fair Use Licensing Music Art 52