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Other Barks & Bites for Friday, July 21: Second Circuit Says Derivative Works Can Cover Unregistered Material, Surrey Hotel Trademark Not Conveyed by Sale, and 9,000+ Authors Ask for Generative AI Compensation

IP Watchdog

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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The Basics of Open Access

Plagiarism Today

The largest is that it locks important research behind a paywall, meaning that other researchers, members of the public and even government agencies may not be able to access the work they need. ND: This means “no derivatives” which bars the creation of derivative works.

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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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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. million in damages, awarding the maximum statutory damages of $150,000 on 28 different works.

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Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

The IP Law Blog

The Court began by recognizing the general rules that govern motions to dismiss in federal court actions. 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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Never too Late: If you missed the IPKat last week!

The IPKat

This phenomenon illustrates the commercial potential of derivative works within the copyright system. Other Chijioke Okorie focused on identifying the principles that should guide African governments in realising the right to research in Africa. Neil Wilkof focused on the phenomenon of the cross-media franchise.

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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). On October 25, the U.S.