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rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

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. Steeplechase Arts & Productions, L.L.C. Wisdom Paths, Inc.,

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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.

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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.

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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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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.

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

When Artists Attack (Midjourney) The Complaint Doesn’t Accurately Describe How Defendants’ AI Tools Work Diffusion Models Don’t Create Collages As a factual matter, the complaint misrepresents how AI diffusion models like Stable Diffusion actually work.

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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

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Court Decisions De Minimis Use Derivative Works Fair Use Photography Section 113(c) Useful Articles

Artwork 81
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Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. “Fair Use” is a flexible defense to claims of copyright infringement.

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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

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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
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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.

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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.

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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.

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The most consequential actor in the most consequential movie that you may never have heard of: the Lulu franchise, Louise Brooks, and "Pandora's Box"

The IPKat

The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system.

Cinema 52
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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.

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ChatGPT experiments

43(B)log

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.

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[Audio] Podcast: The Briefing by the IP Law Blog - The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

JD Supra Law

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.

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[Video] The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

JD Supra Law

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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What’s A Library, and What Is Google Going to do to It?

Likelihood of Confusion

Discussed with intelligence and insight at the Derivate Work blog. Originally posted 2005-08-19 16:32:51. Republished by Blog Post Promoter. The post What’s A Library, and What Is Google Going to do to It? appeared first on LIKELIHOOD OF CONFUSION™.

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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.

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Paramount Wants To Shoot Down 'Top Gun: Maverick' IP Suit

IP Law 360

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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SCOTUS Justices Lob Tough Questions at Both Sides in Prince-Photo Fair Use Fight

IP Watchdog

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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The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

The IP Law Blog

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.

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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.

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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.

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The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

LexBlog IP

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.

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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.

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The Basics of Open Access

Plagiarism Today

If you’re a researcher looking to publish your first article, one of the biggest choices that you will likely be confronted with is the choice of publishing in your work Open Access or going with a traditional, closed access publisher. How Traditional Publishing Works.

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Out with the Old and in with the New?

BYU Copyright Blog

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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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.

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Copyright Office Issues NPRM to Correct MLC’s ‘Erroneous’ Dispute Policy on Post-Termination Blanket License Royalties

IP Watchdog

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).

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Further Updates on Neurological Teaching Infringement

BYU Copyright Blog

In particular, Hudson-McKinney argued that the teaching materials were created as a derivative work without the proper permission of the owner of the copyright in the underlying neurology textbook. In recent developments in the Eichelberger v.

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RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat

TorrentFreak

For example, can content created by an AI be copyrighted like any other work? 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.

Music 103
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Amicus in Apple v. Corellium

43(B)log

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.

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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works.

Privacy 91
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3 Count: Royalty Redirection

Plagiarism Today

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. Have any suggestions for the 3 Count?

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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.

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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.

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A Very (Sum)Merry Christmas: Mariah Carey Faces Lawsuit Over “All I Want For Christmas Is You”

IPilogue

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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The Battle Lines Over AI Art

Plagiarism Today

Though the controversy over The Crow was more muted due to the process Marshall went through to create the work , it represents another AI-created work that won a significant award that many people feel should be reserved for purely human creators.

Art 270
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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?

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

IPilogue

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. .