When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivative works. A movie version of a published literary work might require permission from the author, depending on how close the move came to the book.

Warhol Foundation v. Goldsmith at SCOTUS Part II: The Derivative Works Right

The Illusion of More

In Part I, I wrote that I hope the Court will find that AWF’s central argument fails on the “transformativeness” question presented and that it will reaffirm that this part of the fair use factor one inquiry must find at least some evidence of commentary upon the original work.


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Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Derivative works under French copyright law.

Welcome to the Multiverse: Derivative Works

LexBlog IP

” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it. ” “Derivative Works” are exactly what they sound like – new copyrightable works of art based on some pre-existing material.

Two Gotchas: Derivative Work Denied Copyright Registration; Insufficient Proof of Non-Use in Trademark Cancellation Action

CoCal IP Law Institute

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. In [.]. Copyright Litigation Trademark TTAB Use in Commerce Damages Design patents functionality trade dress Utility patents

Guest Post: Fair Use or Foul Ball?

Likelihood of Confusion

Distribution systems Copyright Derivative Works Google Google Books When copying 20,000,000 books without permission is not copyright infringement Jim Bouton’s last pitch to Google wasn’t Ball Four, at least according to the umps of the Second Circuit.

Judge Recommends Approving “New” Phanatic Mascot Despite Termination

Copyright Lately

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. Court Decisions Copyright Termination Derivative Works Fictional Characters

It's about time to give the music producer her/his copyright due

The IPKat

Thanks to his work, the musicians do not miss any idea, melody or chord progression that appears during songwriting session. Still, the work of the record engineer is of a technical nature. copyright derivative work music producer Polish law

Music 114

Another highly derivative blog post

Likelihood of Confusion

The post Another highly derivative blog post appeared first on LIKELIHOOD OF CONFUSION™. Licensing Derivative WorksWe learn from our mistakes. Far better, however, is to learn from the other guy’s mistakes.

Golden Globe statuette 2018 denied copyright protection in the US

The IPKat

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.

When the movie is derived from a literary classic—are you an “All-In”, or a “Well, Maybe”, viewer?

The IPKat

This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. Even if so, for the “All-In” group, the movie, as a derivative work, remains tethered to the literary work. view) such derivative works.

How High Court May Tackle Fair Use In Warhol Case

IP Law 360

Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v.

NFT – The Hottest Trend in Ripping Off Artists

The Illusion of More

million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works.

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

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.

A Changing Landscape: Business Information Modeling and Repercussions for Intellectual Property

Intellectual Property Brief

The development of three-dimensional information is becoming ever more beneficial for the construction industry; yet, with this rapid expansion of technology comes an equally rapid expansion of legal issues over intellectual property, specifically over ownership, rights of use or reuse, liability, confidentiality, and derivative works.

The Much-Adapted “Peter Pan” (1904 – Forever )

Velocity of Content

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. The Importance of Derivative Works.

Amicus in Apple v. Corellium


Opening software to information gathering and vulnerability testing is transformative, just as gathering information about and criticizing other types of works are classic transformative fair uses. 101 (derivative works “represent an original work of authorship”); L.

Online Learning Service Denies Copyright Infringement Claims

BYU Copyright Blog

Course Hero further denies that the previews it provides customers of documents are derivative works.

How Much “Dune” You Know about Copyright?

McBayer IP Blog

But if purchasing a creative work does not give you rights to reproduce it, what does?

3 Count: Swimsuit Edition

Plagiarism Today

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.

Bungie & Destiny 2 Cheat Creator Agree $13.5m Copyright Damages Judgment


” 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.

“Pearson v Chegg”: Is “Cheating” a Copyright Infringement?


Although answers, the textbook usually gave one- or two-worded answers to those dreadful questions that ended with “explain your answer” or “show all your work.” Photo by Kyle Gregory Devaras ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. .

3 Count: Sealed with a Kiss

Plagiarism Today

3: ‘Pooh,’ ‘Sun Also Rises’ among literary and film works with copyrights expiring in 2022. Copyright Law, works lapse into the public domain on January First of the year their copyright expires. Have any suggestions for the 3 Count?

3 Count: Dirty Cheaters

Plagiarism Today

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. Have any suggestions for the 3 Count?

Bungie Sues Elite Tech Boss, Lavicheats & VeteranCheats For Copyright Infringement


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.

Can I Use Fan Art in a Music Video?

Dear Rich IP Blog

Derivative works and fair use. Fan art involves the creation of a derivative work and only the copyright owner can grant permission for making derivatives.

Music 52

How to Avoid Pitfalls on the Way to Decentralized Disney

Copyright Lately

If you remember just a few concepts that I’ll discuss in this post, you’ll be way ahead of the game when it comes to buying, selling and exploiting creative works, whether it’s in the metaverse or here in the boring old regularverse. Want to Create New Derivative Works?

Copyright Law Goes to Law School

BYU Copyright Blog

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.


JIPL Online

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 11] Physical mods of game hardware are considered derivative. [12] By: Mikela Gassert. Introduction.

Terminate Copyright Grants Correctly or Risk Losing Your Rights

Trademark, Copyright, and Unfair Competition Law B

As important as it is for authors to regain a revenue stream, particularly for creative works that achieve acclaim over the years, the exercise of the termination right is no easy task for an author, and even for an attorney not experienced in copyright matters.

Tarantino Asks Court to Dismiss Miramax’s ‘Pulp Fiction’ NFT Lawsuit


The Film is a Derivative. Tarantino sees the film as a derivative of the screenplay he personally wrote and still holds the rights to, not the other way around. “The Film is a derivative work created from the Screenplay, not the other way around.

Hey Bulldog!

BYU Copyright Blog

According to LTF, the only differences between the two works are the "added spikes and tag to the infringing work." In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc.,


JIPL Online

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] By: Baylee Carter. INTRODUCTION.

NFTs: New Frontiers for Trademarks

IP Tech Blog

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

Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement


The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them.

What Mr. Beast’s Squid Game Video Says About Originality

Plagiarism Today

What I objected to was this take, now deleted, which set up Squid Game and Beast's derivative video as apples to apples creative endeavors. The source of the work was very heavily cited throughout. For those trying to create original works, it raises the question: Why bother?

Is Fanfiction Legal?

JIPEL Copyright Blog

Fanfiction, or fiction written by fans of existing fictional works, has been around for a long time. It follows as a natural consequence of compelling and well-written works consumed by a passionate fanbase. Sites like AO3 provide fanfiction authors with a forum to publish their works, as well as huge audiences from around the world to consume them for free.

Second Circuit Holds that Billions’ Legal Drama Will Stay Only Onscreen

LexBlog IP

Specifically, Shull alleged that one of the show’s main characters, Dr. Wendy Rhoades, is an unauthorized derivative work based on her book. 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. In 2018, author and professional performance coach Denise Shull and The ReThink Group, Inc.

All I Want for Christmas is.Everyone to understand what copyright infringement is (not)

The IPKat

However, the complaint does states that the “Defendants, have knowingly, willfully, and intentionally engaged in a campaign to infringe Plaintiff’s copyright in the work “All I Want for Christmas is You,” and points to violation of Section 106 (1)-(3) and (5) of 17 U.S.C.

The Battle Over Poker NFTs

Plagiarism Today

Famous for its expressionist renderings of various poker players, the site and its artist, Brett Butz, sold not only completed works but offered commissioned pieces that were popular among poker players. No, I'm not opposed to giving photographers a %, it's hard work.