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.

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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.

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IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. On May 3, 2022, Bishop David P. Both suits were settled.

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IP Tech Blog

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

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The IPKat

OCTOBER 1, 2022

copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law. copyright law. Copyright Office Review Board’s affirmation of the U.S. In this negative space of copyright law in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

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.

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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 ).

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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.-

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Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

FEBRUARY 22, 2022

When we launched the Copyright Evidence Portal , our ambition was no less than to create a catalogue of all existing empirical studies about copyright. We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century.

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The IPKat

JANUARY 25, 2022

The copyright lawyer might well respond with a glazed look. Indeed, it is Benjamin's notion of the aura, where each work of art has its own unique setting, which underscores just how derivative its use is when applied to a book cover. But this is not the case for works of art. But of course.

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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.

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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.

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Music Derivative Work Fair Use Cease and Desist 104

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

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.

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JIPEL Copyright Blog

APRIL 28, 2021

While on their face, these fanfiction communities may seem like harmless outlets for fans, existing copyright doctrine actually renders much of these works as infringements of copyright. When evaluating the first factor for a fanfiction, courts would look to the extent to which the unlicensed work was transformative in nature.

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Derivative Work Fair Use Copyright Marketing 45

Traverse Legal Blog

JANUARY 26, 2022

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. Learn more about NFT Copyright Issues here. The right to create derivative works.

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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.

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Music Copyright Copying Copyright Law 87

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. Industrial Design.

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LexBlog IP

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

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Fair Use Derivative Work Copying Licensing 52

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….”

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Fair Use Derivative Work Copying Licensing 52

The IPKat

JANUARY 18, 2023

Over the past several months, there has been an lively debate regarding the possibility of granting copyright protection to images created with AI systems (see this IPKat post here ), particularly after that various products (like for example Midjourney ) have been released on the market letting people easily create images through AI software.

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Artwork Contracts False Advertising Art 82

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc.

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Intellectual Property Cease and Desist Invention Branding 52

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. This would enable a person to determine the extent of each and take the necessary steps to safeguard their work.

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Intellectual Property Designs Design Artwork 52

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM. All of this, however, is already jumping the gun.

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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).

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Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

AUGUST 1, 2023

One is tempted to characterize these plaintiffs as copyright “trolls.” It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it.

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Blogging Copying Social Media Copyright 95

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that copyright was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. A website can own the copyrights to the HTML code and the files that users download. That’s the purview of copyright–or not restricted at all. Wells Fargo v.

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Licensing Copyright Contracts Advertising 88

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. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Trademark Non-Fungible Tokens Branding Brands 62

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

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.

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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].

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Copyright Fair Use Copyright Law Copyright Infringement 95

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

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. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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.

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Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. 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.

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Fair Use Derivative Work Blogging Licensing 95

IP Intelligence

JUNE 6, 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).

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Fair Use Licensing Music Art 40

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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