LexBlog IP

MARCH 22, 2023

The US Copyright Office has released a policy statement clarifying its position on authorship and copyright protection for works generated by Artificial Intelligence (AI). Under copyright law, authorship is determined by examining who exercised creative control over a work.

Derivative Work 52

Derivative Work Copyright Copyright Law Technology 52

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. Copyrightable work The works that can claim copyright protection are enumerated under Section 13 of the Copyright Act. It originated in the American case of Cain v.

Copyright 95

Copyright Artistic Work Copyright Law Art 95

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. Human author It is well known that copyright protects products of the human mind (see Feist v. 99 (1879) ).

Copyright 138

Copyright Derivative Work Music Copying 138

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

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.

Blogging 52

Blogging Derivative Work IP Law 52

LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. Shira Perlmutter, et al.:

Artwork 52

Artwork Derivative Work Copyright Editing 52

The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”).

Public Domain 113

Public Domain Copyright Copying Registration 113

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

JD Supra Law

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. By: Weintraub Tobin

Blogging 52

Blogging Derivative Work IP Law 52

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. The focus of the conflict was the meaning of “transformative works” in the U.S. There seems to have always been tension between artistic creativity and copyright law.

Copyright Law 111

Copyright Law Copyright Law Art 111

Kashishipr

NOVEMBER 17, 2021

Copyright is a bundle of rights and can be exploited in several ways independently from each other. What is an Assignment of Copyright? In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

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

IP Law 360

AUGUST 30, 2022

Entertainment giant Paramount has urged a California federal judge to toss a copyright suit brought by the family of a writer for source material of the film "Top Gun," arguing that the movie's sequel is "vastly different" from the derivative work.

Derivative Work 75

Derivative Work IP Copyright 75

IP Watchdog

DECEMBER 12, 2023

Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. On December 11, the Review Board of the U.S.

Copyright 141

Copyright Registration Derivative Work Technology 141

CoCal IP Law Institute

AUGUST 5, 2021

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment.

Derivative Work 40

Derivative Work Trademark Copyright Registration 40

IP Watchdog

OCTOBER 26, 2022

Copyright Office issued a notice of proposed rulemaking (NPRM) in the Federal Register to clarify the application of the derivative works exception to copyright termination rights within the context of blanket licenses administered under the Music Modernization Act (MMA). On October 25, the U.S.

Licensing 57

Licensing Derivative Work Copyright Music 57

IP and Legal Filings

MAY 15, 2024

Introduction Intellectual Property Rights are intangible rights All rights related to the property are exclusively reserved with the copyright holder. The IP Owner and the third party are the licensor and the licensee respectively. Limited licenses also have fewer risks than outright purchases of IP.

Licensing 77

Licensing Intellectual Property Ownership IP 77

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Are you ready to unpack this legal saga and its implications for artists, copyright owners, and the commercial art industry? We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Velocity of Content

SEPTEMBER 2, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 116

Copyright Licensing Social Media Derivative Work 116

IP Law 360

JULY 18, 2023

The Ninth Circuit ruled Monday that copyright registration of a derivative work covers elements shared by earlier unregistered versions, recognizing a management consultant's right to sue a software company for allegedly copying both iterations of a teaching tool she claims to have created.

Derivative Work 40

Derivative Work Copyright Copying Registration 40

LexBlog IP

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.

Blogging 52

Blogging Derivative Work IP Law 52

JD Supra Law

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. By: Weintraub Tobin

Blogging 40

Blogging Derivative Work IP Law 40

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

IPilogue

MAY 26, 2022

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. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. Both suits were settled.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

IP Law 360

AUGUST 31, 2023

The Fifth Circuit has found that a realty firm did not infringe an architectural company's copyright of schematics to develop a senior living facility in Texas, concluding that an agreement between the parties allowed for derivative works from the initial design to finish the project.

Derivative Work 40

Derivative Work Designs Design IP 40

IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

Fair Use 113

Fair Use Derivative Work Copyright Art 113

43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. Patton, 769 F.3d

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world. Toyota Motor Sales USA, Inc.,

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . Fanfiction and Fanart.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

IP Tech Blog

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g.,

Art 52

Art Fair Use Derivative Work Blogging 52

The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Copyright protection is usually granted for 95 years to works published between 1923 and 1977. Steamboat Willie.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The IPKat

JANUARY 5, 2023

Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. International – Compagnia Generale Distribuzione s.p.a. v Zorro Productions Inc. ). Let’s see what happened.

Copyright 138

Copyright Law Advertising Advertising 138

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. The electronic works are stored in bits and bytes and processed by computers.

Copyright 52

Copyright Intellectual Property Copying Music 52

Intellectual Property Office Blog

JULY 29, 2021

This is a great example of Molly Mae understanding her IP rights and using them for commercial gain. According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram. This license only ends when the image is deleted from the platform.

IP 85

IP Branding Brands Branding 85