Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” The last time I checked the Royal Albert Hall’s website , that language is still being used. Netflix disagrees.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

LexBlog IP

SEPTEMBER 28, 2023

OpenAI also made passing reference to the fair use defense, arguing that courts are empowered to adapt the defense “to account for ‘rapid technological change.’” Because they alleged direct copying of their works by OpenAI, the substantial similarity test is irrelevant, they contended.

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Studios will usually work through licensing deals to smooth out the creation of adaptations. How has this come to be?

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

IPilogue

DECEMBER 20, 2021

In both the United States and Canada , costumes do not fall under copyright protection given their classification as “useful articles.” In the United States, copyright holders have the sole right to prepare derivative works , including major copyrightable elements of an original, previously created work.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Trademark and Copyright Law Blog

APRIL 21, 2021

Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. Justice Breyer, writing for the majority, concluded that Google’s use of the Java code was protected under fair use.

Copying 40

Copying Fair Use Copyright Marketing 40

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. Artists also may own registered trademarks in their names for use as source identifiers. ” VMG Salsoul, LLC v.

Music 85

Music Copyright Copying Copyright Law 85

IIPRD

SEPTEMBER 29, 2022

. • Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use. After the term of protection expires, the copyrighted work is out there in the public domain and the rights of the author terminate.

Copyright 52

Copyright Intellectual Property Copying Music 52

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. at 41, or at least it may not.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. Wells Fargo v. 1-800 Contacts v.

Licensing 89

Licensing Copyright Contracts Advertising 89

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too? Stearns, Todd J. Zywicki & Thomas J. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

FEBRUARY 14, 2024

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.”

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S. It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. Glynn Lunney, Transforming Fair Use. Licensing is not found in 106.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. New Line successfully moved for a preliminary injunction to block the video’s release. ROMERO’S DAWN OF THE DEAD.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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 79

Copyright Derivative Work Fair Use Social Media 79