IP Law 360

AUGUST 31, 2023

The Fifth Circuit has found that a realty firm did not infringe an architectural company's copyright of schematics to develop a senior living facility in Texas, concluding that an agreement between the parties allowed for derivative works from the initial design to finish the project.

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Derivative Work Designs Design IP 40

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.

Derivative Work 40

Derivative Work Trademark Copyright Registration 40

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.*.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

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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Fair Use Derivative Work Copyright Law Art 52

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?

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

The IP Law Blog

MARCH 14, 2024

The Court noted that the Copyright Act “grants the copyright holder exclusive rights to (1) `reproduce the copyrighted work and copies;’ (2) `prepare derivative works;’ and (3) `distribute copies of the copyrighted work to the public’.”

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Derivative Work Copying Copyright Infringement Copyright 112

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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TorrentFreak

MAY 10, 2023

The defendants admitted that Wallhax injected new code into Bungie’s code, thereby creating an unlicensed derivative work. Additionally, Bungie has shown that Larsen violated § 1201(b)(1) by creating an infringing derivative work. In June 2022, Bungie was awarded $13.5m 11020781 Canada Inc.,

Derivative Work 111

Derivative Work Copyright Infringement Copyright Contracts 111

TorrentFreak

JULY 28, 2021

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. Copyright Infringement Offenses. 1201(a)(2)).

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Copyright Infringement Copyright Derivative Work Social Media 139

The IP Law Blog

SEPTEMBER 28, 2023

The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

Public Domain 113

Public Domain Copyright Copying Registration 113

The IPKat

OCTOBER 1, 2022

According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.” Consider the corset teddy dress inspired by a Spring 1992 original.

Copying 97

Copying IP Copyright Law Designs 97

IP Tech Blog

AUGUST 4, 2023

The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., It’s a way where you take your original work and add new expression to it. turning a book into a movie, a translation of a book from one language to another).

Art 52

Art Fair Use Derivative Work Blogging 52

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.

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Derivative Work Registration Copyright Public Domain 78

IP Tech Blog

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. It has been debated whether NFTs/DC could be protected in China by design patents.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

SEPTEMBER 28, 2023

themselves infringing derivative works”; and (3) “output” infringement, because the LLMs are themselves infringing derivative works, their “textual output” is infringing as well.

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

LexBlog IP

MARCH 14, 2024

” To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.” The Court began by noting that “while it may be unlawful to recreate another’s work (e.g.,

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. A trademark can include designs, phrases, and symbols, and it is “how customers recognize you in the marketplace and distinguish you from your competitors.”

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Derivative Work Trademark Law Branding Brands 52

LexBlog IP

FEBRUARY 15, 2024

The court rejected the conclusory assertion that every output of ChatGPT is an infringing derivative work, finding that plaintiffs had failed to allege “what the outputs entail or allege that any particular output is substantially similar – or similar at all – to [plaintiffs’] books.”

Copyright Infringement 52

Copyright Infringement Derivative Work Copyright Copyright Notice 52

BYU Copyright Blog

SEPTEMBER 20, 2021

The Professors allege that following this termination, the College has continued to use materials from the Work in its course offerings without the permission of the Professors. These uses have purportedly included violations of rights of reproduction, distribution, display, and preparation of derivative works.

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Derivative Work Privacy Copyright Infringement Registration 72

TorrentFreak

DECEMBER 1, 2022

In June 200, Robert Nelson and two companies under his control admitted copyright infringement after violating Bungie’s copyrights and injecting code into Destiny 2, thereby creating unlicensed derivative works. Bungie’s damages award was $13.5m.

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Derivative Work Copyright Infringement Business Copyright 122

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

LexBlog IP

SEPTEMBER 28, 2023

The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

Public Domain 52

Public Domain Copyright Copying Registration 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. It’s designed for businesses that are usually cautious about incorporating open-source elements into their proprietary work.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. The tattoo industry has largely avoided copyright scrutiny.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

The IPKat

NOVEMBER 15, 2023

The event was Organised by AI Fringe (AI for everyone) and co-convened by DACS (The Design and Artists Copyright Society). Mr Blackmore also raised the issue of copyright protection of AI created works. Questions that need to be answered are: ‘Are such works deemed derivative works?’

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Reporting Derivative Work Intellectual Property Copyright 70

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. Utility and Design Patents. Utility patents cover the way an invention works while design patents cover the way an invention looks.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. It’s designed for businesses that are usually cautious about incorporating open-source elements into their proprietary work.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

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. It has been debated whether NFTs/DC could be protected in China by design patents.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

TorrentFreak

JANUARY 25, 2023

and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc., million damages award in Bungie’s favor didn’t mark the end of the lawsuit. .”

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Derivative Work Copyright Litigation Privacy 126

Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed.

Fair Use 239

Fair Use Non-Fungible Tokens Copyright Social Media 239

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.

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Moral Rights Copyright Music Art 70

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service.

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Copying Social Media Licensing Technology 114

Corsearch

MARCH 13, 2023

Following a dispute between Walt Disney and his business partner working at Universal, Disney lost the rights to the character – and thus Mickey Mouse was born. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Oswald the Lucky Rabbit.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 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.

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Intellectual Property IP Invention Designs 52

JIPEL Copyright Blog

MARCH 9, 2022

For instance, AR could be designed to allow a visitor to access additional information about a particular piece of work, while VR could enable individuals who are unable to physically visit a museum to peruse its collections from the comfort of their own homes, at their own pace.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Under copyright protection, startups have the exclusive right to reproduce their works and distribute them to the public. Copyrights also provide startups with the authority to create derivative works based on their original creations. Design patents: Design patents protect novel ornamental designs for an article.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52