Copyright Lately

AUGUST 25, 2023

Think of human modifications to AI as a quasi-derivative work—the copyright in a derivative work only extends to the material contributed by the author of that work , as opposed to the underlying material. Importantly, however, there will still be no copyright protection in the AI-generated material itself.

Derivative Work 79

Derivative Work Registration Copyright Public Domain 79

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. They prevent others from making, using, or selling the invention without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

More Than Your Mark

AUGUST 27, 2021

Copyrights protect creative works. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright. Here’s an easy guide to understanding the differences between copyright, patent, and trademark.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). If there were to be a broader E&L, then what should be the design of such a framework?

Copyright 78

Copyright Derivative Work Music Designs 78

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Given the investment required to bring a company or product to market, it is well worth having a trademark attorney handle the application. .

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

The IPKat

MARCH 22, 2024

It underscores the rationale behind including protective measures in the DSM Directive, which are designed to safeguard creators’ financial interests. After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art.

Moral Rights 70

Moral Rights Copyright Music Art 70

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. ” Given the clarity, there’s no real need to highlight why a tool designed to circumvent DRM and make unlicensed copies likely falls foul of the above, even given the existence of a lengthy disclaimer.

Copying 118

Copying Social Media Licensing Technology 118

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 92

Fair Use Licensing Copying Artwork 92

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kashishipr

JULY 13, 2022

Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market. The quantum of the original expression essential to qualify a creative work for Copyright Protection is undoubtedly low.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price.

Licensing 90

Licensing Copyright Contracts Advertising 90

Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. The UK approach focuses on guidance for specific sectors and risks. In addition, OpenAI has benefited financially from the infringing output.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Technology & Marketing Law Blog

AUGUST 1, 2023

As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. The problem arises because copyright law is written as an “opt-in” system (no copying without authorization), while the Internet is designed as an “opt-out” system (it allows copying unless it is prohibited).

Blogging 96

Blogging Copying Social Media Copyright 96

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. ” VMG Salsoul, LLC v.

Music 87

Music Copyright Copying Copyright Law 87

The IP Law Blog

JUNE 15, 2023

Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement. The Copyright Act contains a provision that “all the parts of a compilation or derivative work constitutes one work” for purposes of statutory damages.

Copyright 98

Copyright Registration Licensing Derivative Work 98

SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. Protection of GUIs have often been discussed in the context of Designs and a Calcutta High Court judgement in Ust Global (Singapore) Pte Ltd v.

Copyright 59

Copyright Marketing Marketing Copying 59

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

LexBlog IP

JUNE 15, 2023

Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement. Thus, the Ninth Circuit had to determine whether, for purposes under that provision, “the photos at issue qualified as `one work.'”

Copyright 52

Copyright Registration Licensing Designs 52

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 138

Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S The IPO, in Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Copyright Lately

DECEMBER 24, 2023

In addition, the plaintiff hadn’t alleged that the market for her tattoo was in any way affected by Netflix’s blink-and-you’ll-miss-it use of her work. They also have similar inner book designs because—wait for it—photographs and writings are “interspersed.” You know, like a book. something something pastels.

Copyright 107

Copyright Copyright Infringement Music Fair Use 107

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs allege that use of licensed code “is allowed only pursuant to the terms of the applicable Suggested License,” and that each such license requires that any derivative work or copy include attribution, a copyright notice, and the license terms. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Copyright Lately

APRIL 19, 2022

Nation Enterprises boldly proclaimed that the effect of the use upon the potential market for or value of the copyrighted work was “undoubtedly the single most important element of fair use.” But this problem can be avoided so long as judges are discerning about distinguishing between legitimate markets from speculative ones.

Fair Use 79

Fair Use Art Copyright Social Media 79

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. that the confined designs may have been “reserved” at a later time).

Registration 78

Registration Blogging Copyright Designs 78

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Yet just like the recipe, the Sequence remains unprotectable as a process the design of which primarily reflects function, not expression. ” Id. at 138-139.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Copyright Lately

MARCH 6, 2023

The plaintiff is also asking the court to enjoin Coakley’s Director Statements and nascent “making of Runt ” film project, claiming that when Coakley sold Runt , he also sold the copyright to any of his future works related to Runt as well. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

Copyright 78

Copyright Derivative Work Fair Use Social Media 78

SpicyIP

OCTOBER 2, 2023

Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement Image from here Considering Biological E’s launch of FCM in the market, the Delhi High Court denies an interim injunction to Vifor. For this, the Court relied on the Bombay High Court’s order in Bhaktivedanta Book Trust v.

Licensing 59

Licensing Trademark Intellectual Property Copyright 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

There is no defined segregation, either by design or by implication of any of plaintiff’s expressions of his thoughts and opinions on the subjects discussed which would aid in identifying plaintiff’s purported copyrighted material. Factor four: the effect of the use upon the potential market for or value of the copyrighted work.

Copyright 121

Copyright Blogging Publishing Fair Use 121

43(B)log

AUGUST 11, 2021

Derivative works? Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages. But you’re also raising market entry barriers, so new entrants will innovate less. It’s related to the question of whether market power promotes innovation.

Trademark 72

Trademark Copyright Branding Brands 72