Trademark and Copyright Law Blog

FEBRUARY 7, 2024

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Even into late 2023, a 2022 Best Picture contender, Top Gun: Maverick , remained embroiled in a dispute involving derivative works.

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IP Watchdog

JULY 21, 2023

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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43(B)log

JANUARY 27, 2023

Copyright infringement: Rebinding doesn’t create a derivative work. A derivative work must involve an original work being “recast,” “transformed,” or “adapted,” and nothing like that took place here. Wisdom Paths, Inc., 2023 WL 416080, No. 22-02031 (KM)(MAH) (D.N.J.

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Intellectual Property Law Blog

APRIL 12, 2023

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

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IP Law 360

FEBRUARY 25, 2025

Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose. The Ninth Circuit's recent decision in Oracle International v.

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Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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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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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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JD Supra Law

FEBRUARY 9, 2024

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art.

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Plagiarism Today

SEPTEMBER 20, 2021

First off today, Kevin Shalvey at Business Insider reports that “Sports Illustrated” swimsuit model Genevieve Morton has filed a lawsuit against Twitter alleging that the site was slow to remove infringing material and that an AI photo editing tool created unlawful derivative works.

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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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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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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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Plagiarism Today

JANUARY 3, 2022

For works published before 1978, that is 95 years after publication meaning that works from 1926 expired into the public domain at the start of the year. Works that enter the public domain are free to be copied, used, distributed and have derivative works created of them without a license.

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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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Traverse Legal Blog

NOVEMBER 25, 2024

Infringement can be willful or accidental.

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JD Supra Law

DECEMBER 23, 2024

In a closely watched appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit recently vacated a permanent injunction from the District of Nevada against software provider Rimini. Oracle Intl Corp. By: Fenwick & West LLP

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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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IIPRD

JANUARY 22, 2025

Limiting the use of copyrighted works for AI training may too heavily constrain development, and free use threatens to drain the economic rewards that reward the creators. One of the biggest problems is the vagueness around AI-generated outputs and whether these are derivative works.

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Plagiarism Today

NOVEMBER 9, 2022

However, publishing companies had been continuing to collect royalties on behalf of songwriters even after the rights were reclaimed due to the law saying that publishers can continue licensing any existing derivative works.

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Kluwer Copyright Blog

JANUARY 16, 2024

106, et seq): the plaintiffs never authorized Meta to make copies of their works and derivative works, publicly display copies (or derivative works), or distribute copies (or derivative works) during the training process of the LLaMA language models. Vicarious Copyright Infringement (17 U.S.C. §

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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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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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TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

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JD Supra Law

JULY 27, 2023

In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change.

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Plagiarism Today

SEPTEMBER 14, 2022

Many artists have found their work in the libraries of different AI systems and have expressed anger over it. Though every AI is different in how it operates, some feel that AIs are not creating new works, but creating derivative works based on existing images. Whether that is true under the law has not been tested.

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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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TorrentFreak

FEBRUARY 13, 2024

The vicarious copyright infringement claim fails because the court doesn’t agree that all output produced by OpenAI’s models can be seen as a derivative work. “Plaintiffs’ allegation that ‘every output of the OpenAI Language Models is an infringing derivative work’ is insufficient.

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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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TorrentFreak

JUNE 10, 2022

” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created. The defendants threaten the gaming experience, Bungie added, noting that anti-cheating mitigation technology had cost it “exorbitant amounts of money.”

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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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TorrentFreak

SEPTEMBER 29, 2022

is further accused of selling Bungie emblems on third-party platforms and using cheating software that modifies the Destiny 2 game, violates the DMCA’s anti-circumvention provisions, and creates infringing derivative works. Cheat Software and Derivative Works. In a recent and spirited motion to dismiss, L.L.

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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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TorrentFreak

JANUARY 17, 2024

Prohibiting Discrimination Those guidelines reference a legal opinion in C-201/13 – Deckmyn and Vrijheidsfonds VZW v Vandersteen and Others which found that in order for a derivative work to be considered a parody, certain conditions must be met ( pdf ).

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Potential role of three-step test (Berne 9(2)/TRIPS 13) 2. For reproduction: traditional analysis b. Can the machine be an author? Possible antisuit injunction?

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Kluwer Copyright Blog

AUGUST 13, 2023

Copyright infringements and other legal allegations With regards to their claims for copyright infringement, the plaintiffs are alleging that they never authorized OpenAI to make copies of their books, make derivative works, publicly display copies (or derivative works), or distribute copies (or derivative works).

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IP and Legal Filings

DECEMBER 23, 2024

As long as OpenAI can prove that its responses or the derivative work produced are not substantially similar to the original copyrighted content used in training programs, the copyright infringement claim through derivative work would not hold water.

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