Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series. It shows ‘the intent to sign’ and legally digitally captures the acceptance of a binding contract.

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LexBlog IP

APRIL 23, 2023

Derivative Works and AI-Generated Material A. Permission from original copyright holders If a work incorporates AI-generated material based on pre-existing copyrighted content, the creator must obtain permission from the original copyright holder(s) to use the material. Joint Authorship A.

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Copyright Intellectual Property Editing Derivative Work 52

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". You can't judge a book from its cover". "You You can't judge a book from its cover".

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Art Artwork Copying Moral Rights 134

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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Editing Derivative Work Copyright Infringement Licensing 168

JIPL Online

NOVEMBER 1, 2021

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] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivative works based upon a previously copyrighted work. [11]

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Kluwer Copyright Blog

APRIL 22, 2022

Our analysis of the concept of work also investigated the legal status of secondary (derivative) works in relation to the (primary) works used in the input in the context of AI music outputs. 1] (On the topic of AI outputs and derivative works, see here.). Intellectual Property Law in China, 2nd edition.

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Music Copyright Derivative Work Ownership 69

Kluwer Copyright Blog

MAY 9, 2022

Hence, the panel concluded that the Warhol works had made unfair use of Goldsmith’s photograph. The Goldsmith case raises the very tricky question about how to distinguish transformative fair uses from transformative adaptations that infringe the derivative work right. Intellectual Property Law in China, 2nd edition.

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Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. The court provides details about UIRC’s minor edits to the Idaho precedent: The only differences (besides formatting) between Section 5.01

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Copyright Copying Copyright Infringement Editing 46

The IPKat

MARCH 22, 2024

Her publisher Universal Music released a compilation album including songs she did not approve, while she also objected to the way the songs were edited. The modifications would have distorted her work in a way that harmed her reputation and original intent in relation to the music.

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Copyright Lately

NOVEMBER 8, 2022

At the same time, those aspects of the character’s evolution that don’t appear until later works may still be eligible for copyright protection. While later iterations of a character may be protected, you can’t bootstrap the copyright in a derivative work to extend protection on the original work.

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Public Domain Derivative Work Copyright Social Media 145

Traverse Legal Blog

JANUARY 26, 2022

This limited edition Dune book may be one of 10 copies of this hardback auctioned. The right to create derivative works. The essence of the news story is that TheSpiceDAO bought at auction a rare copy of “Dune” that was being auctioned off by Christie’s as just a book. The NFT bought the Dune book for 2.6

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LexBlog IP

MAY 31, 2023

When Prince died in April 2016, Vanity Fair’s parent company, Condé Nast, licensed another image from the Prince Series (“Orange Prince”) from AWF, which it used as the cover of a Prince tribute edition magazine. Around this time, Goldsmith learned of the additional works comprising the Prince Series.

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Fair Use Licensing Copyright Editing 52

IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement. The United States.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

DECEMBER 5, 2022

As to economic rights, copyright implies an authorization for activities of reproduction, communication to the public, distribution and creation of derivative works (adaptation). As a consequence, the main issue related to the exploitation of cultural goods embedding protected works of art is rights clearance.

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Copyright Public Domain Art Moral Rights 104

The IPKat

OCTOBER 1, 2022

Moreover, if the original design from the archive itself is an original work under copyright law, the archival editions of the “Ciao, Kim” Dolce & Gabbana Spring/Summer 23 collection might be thought of as derivative works, already within the scope of the designers’ rights. As in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

MAY 6, 2022

What about editing some NBA Top Shots moments to create a fantasy matchup between Michael Jordan and Steph Curry? Want to Create New Derivative Works? In particular, you’ll need a license to create derivative works, which is one of the exclusive rights granted to copyright owners in section 106 of the Copyright Act.

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Derivative Work Licensing Artwork Contracts 87

Kluwer Copyright Blog

FEBRUARY 22, 2022

Drawing on a well-established body of quantitative studies, Heald concludes that extensions to copyright duration have largely negative impacts on the availability of works, development of derivative works, and prices. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

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Copyright Public Domain Marketing Marketing 52

43(B)log

FEBRUARY 4, 2023

Said: Framing it as “the woman question” is rhetorically tricky and still positions women as the problem—why not “the copyright question: woman edition”? Sometimes add content warnings instead of edits. In many cases, works edited rather than withdrawn. Can third parties edit for offensiveness? Derivative work?

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Copyright Editing Settlement Music 64

Kluwer Copyright Blog

NOVEMBER 8, 2021

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ 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”). here and here). .”

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Blogging Non-Fungible Tokens Law IP 52

The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October. Any feedback is welcome!

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Copyright Derivative Work Copyright Law Law 91

The IP Law Blog

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. VHT “is the largest professional real estate photography studio” in the U.S.,

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Copyright Registration Licensing Derivative Work 98

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 Cornish’s solutions.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

LexBlog IP

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. VHT “is the largest professional real estate photography studio” in the U.S.,

Copyright 52

Copyright Registration Licensing Designs 52

43(B)log

SEPTEMBER 7, 2023

Gannett doesn’t get summary judgment on having a license even though the contract with Microsoft granted it “an unlimited (including all lifts, edits and versions) non-exclusive, worldwide, all channels, irrevocable, license to use, market, promote, distribute, copy, reproduce, display, record, re-record, electronically publish, publicly display, transmit, (..)

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. It was written with a distinct style and message.

Copyright 91

Copyright Public Domain Copying Publishing 91

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works? 3] Credit for the prompt goes to Professor Thomas Margoni.

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Copyright Fair Use Copyright Law Law 138

LexBlog IP

JULY 21, 2021

As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. prevent the other group from publishing edited or alternative version of their religious works by invoking copyright law[, and].prevent[ing] Compendium, at Section 313.2 ]. ” Id.

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Intellectual Property Invention Trademark Copyright 52

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] [were] far too narrow for him to unilaterally produce, market, and sell the Pulp Fiction NFTs.” [22]. 53]. * * *.

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Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Likewise, paragraph 47 of Trump’s complaint specifically alleges “President Trump never sought to create a work of joint authorship, and in the hours of the Interviews, there is neither allusion to nor confirmation of such.” Thus, under existing case law, the answer is quite clear: the interviews are not joint works.

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Copyright Blogging Publishing Fair Use 117

LexBlog IP

JANUARY 10, 2024

There, one sees the editing, sequencing, and timing decisions consistent with authorship in Woodward rather than Trump. The Woodward Reply Brief also makes good use of the former president’s various statements disclaiming any intent to create a joint work, and the case law supporting the “dominant author” concept.

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Ownership Copyright Government Intellectual Property 52