Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. You’d be wrong. 17 U.S.C. §

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Derivative Work Copyright Copyright Infringement Art 108

Plagiarism Today

SEPTEMBER 15, 2021

In short, it’s claiming that Chegg, in many cases, either directly copies the content or creates a thinly veiled derivative work based upon it, both of which are violations of copyright law. Pearson alleges that this takes place both in text and video format in the service.

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The IPKat

JANUARY 4, 2022

The judge ruled that the music producer created only a derivative work because lyrics and vocal melody could constitute a separate work. In this author's view, if the music producer participates in the composing process, even if the work has several versions in the meantime, he should be considered as a co-author.

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Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

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The IP Law Blog

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

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IP Watchdog

FEBRUARY 27, 2023

The question before the Court is where does a copyright holder’s right to create derivative works stop and “fair use” of the work begin? On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v.

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Copyright Fair Use Derivative Work Licensing 124

The IPKat

JULY 27, 2021

The US Copyright Office concluded that the logo was a derivative work of the Oscar statuette and did not possess the requisite authorship to sustain a (self-standing) claim to copyright. It was also found that that as a whole, the elements making up the work were “more mechanical and inevitable than creative and original”.

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JD Supra Law

MAY 22, 2023

Supreme Court has clarified that copyright protection, at least for pictorial, graphic, and sculptural works (specifically photographs), includes the exclusive right of the copyright owner to prepare and to authorize the preparation of derivative works that transform the owner’s original copyrighted work.

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LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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Plagiarism Today

AUGUST 29, 2022

SA: This means “share alike” and allows others to create derivative works based on the original, but any derivative must be licensed under the same terms. ND: This means “no derivatives” which bars the creation of derivative works. These four variables can be strung together to create a license.

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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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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LexBlog IP

APRIL 25, 2023

History suggests the law will split inventorship down the middle and grant rights to those “portions” of an invention or copyrightable work that were created by a human, and avoid granting protection to the “portions” that were AI-generated. Copyright law does this well with the protection of derivative works.

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Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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Copyright Derivative Work Copyright Infringement Artwork 98

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. What is a Derivative Work? What is Generative AI?

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Copyright Derivative Work Copyright Law Trademark 59

IP Watchdog

OCTOBER 12, 2022

Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

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43(B)log

DECEMBER 12, 2022

Q: If the derivative works right were abolished, would anything important be lost? ChatGPT, getting everything backwards: If the derivative works right were abolished, it would have significant implications for the creative industries. In your analysis, consider the role of substantial similarity.

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Copyright Infringement Derivative Work Copyright Law 64

LexBlog IP

MAY 18, 2023

Underlying the Court’s decision is the copyright owner’s exclusive right to prepare derivative works. The Court reined this in, reminding AWF that copyright owners hold an exclusive right to prepare derivative works. In this case, the use of Orange Prince supplanted the purpose of Goldsmith’s photograph.

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Velocity of Content

JUNE 8, 2022

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. All copyrights, except one, expire.*.

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Derivative Work Copyright Copyright Law Public Domain 105

The Illusion of More

JANUARY 19, 2022

million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works. By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66

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LexBlog IP

MARCH 22, 2023

The US Copyright Office also noted that this stance does not prevent content creators from claiming copyright for derivative works based on material generated by an AI system. You, as the user, retain control over your derivate work created with an AI system. Have a question about obtaining a copyright?

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Copyright Copyright Law Derivative Work Law 52

Olartemoure Blog

APRIL 14, 2023

However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work. The decision focused on the fact that the sweatpants worn by Shayk were not a pre-existing work, but rather a “useful article.”

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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.

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TorrentFreak

OCTOBER 17, 2022

The RIAA logically doesn’t want third parties to strip music or vocals from copyrighted tracks, particularly when these derivative works are further shared with others. Unauthorized Copies and Derivatives. While Songmastr’s service is a bit more advanced, the RIAA sees it as clearly infringing.

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LexBlog IP

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

Fair Use 52

Fair Use Copyright Law Copyright Derivative Work 52

43(B)log

FEBRUARY 16, 2022

For example, Apple did not attempt to explain how slowing down the execution of its code using CORSEC created an infringing derivative work or unauthorized copy, any more than slowing down video playback would. 101 (derivative works “represent an original work of authorship”); L. Lewis Galoob Toys, Inc.

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Derivative Work Copyright Copyright Law Fair Use 90

IPilogue

AUGUST 29, 2022

Vance seeks $20 million dollars in damages for Carey’s failure to obtain permission to use Vance’s song to create a derivative work. In order to prove that Carey’s song is an unlicensed derivative work, Vance will need to show that Carey’s work is a derivative work in the first place.

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Copyright Infringement Derivative Work Copyright Music 89

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.

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LexBlog IP

MAY 22, 2023

Warhol’s representation was based on and “transformed” Goldsmith’s photograph in a manner that made it a derivative work, and as such the right to create a derivative work such as the pop art and commercially license it should belong to Goldsmith, the copyright holder.

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IPilogue

NOVEMBER 8, 2021

By using and copying Pearson’s original creative content to make answer sets based on that content, Chegg infringes Pearson’s exclusive rights as a copyholder, including the rights of reproduction, preparation of derivative works, and distribution.” . Code, subsection 101 , states: . “ Under the U.S. When the current U.S.

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Copyright Infringement Copyright Derivative Work Litigation 89

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. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. By: Weintraub Tobin

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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. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Listen to this podcast episode here.

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43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

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IP Law 360

JUNE 17, 2022

Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v.

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Fair Use Derivative Work Copyright Technology 75

LexBlog IP

MAY 19, 2023

.” The Court noted that the “bundle of exclusive rights” granted to a copyright holder includes rights to produce “derivative works.” ” Justice Kagan dissented (joined by Chief Justice Roberts) beginning with: “Today, the Court declares that Andy Warhol’s eye-popping silkscreen of Prince.

Fair Use 40

Fair Use Copyright Infringement Derivative Work Copyright 40

Plagiarism Today

JULY 28, 2021

The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools. Only three of the defendants were identified by name, two located in the U.S.

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BYU Copyright Blog

DECEMBER 5, 2022

Obtego agreed that they would not permit third parties to use the software and that any derivative works based on the software would belong to Alabama.After leaving Alabama, Heydari started to work with Obtego.

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Copyright Infringement Derivative Work Ownership Copyright 52

The IPKat

JULY 2, 2021

Even if so, for the “All-In” group, the movie, as a derivative work, remains tethered to the literary work. For her, the movie is not quite viewed as a conscious derivative work, but neither is it totally detached from its literary provenance. view) such derivative works. By Neil Wilkof.

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