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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. This proposed expansion of the exception was recently rejected by the UK government.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. Bungie and Leone appear to have more than a little history.

Social Media 129

Social Media Derivative Work Contracts Licensing 129

The IP Law Blog

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use… for purposes such as criticism [and] comment…. The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Intepat

MAY 24, 2023

The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture. In a licensing agreement, the licensor grants the licensee the right to use their intellectual property in a specified manner, while also retaining a stake in it.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

LexBlog IP

SEPTEMBER 12, 2023

Open Source material may seem safe and easy, but it has its licenses and restrictions. Licenses also play a pivotal role in this context. There are various types of licenses, ranging from permissive to restrictive, and choosing the right one can have long-term implications for your startup.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

Open Source material may seem safe and easy, but it has its licenses and restrictions. Licenses also play a pivotal role in this context. There are various types of licenses, ranging from permissive to restrictive, and choosing the right one can have long-term implications for your startup.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use. ” In its opinion, the Supreme Court reasoned that where the use is for commentary or criticism, copying of the first work “may be justified because copying is reasonably necessary to achieve the user’s new purpose.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

JUNE 7, 2023

If any of these cases challenging the use of copyright-protected works in generative AI outputs or in developing generative AI models is successful, it could have significant implications for the future of generative AI, which relies on large and diverse datasets in order to provide accurate and unbiased results.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Intepat

MAY 17, 2024

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

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]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

MAY 31, 2023

The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

105 , as a “work of the United States Government”? Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The Falwell court was on solid ground in denying relief on the grounds of an implied license.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. For example, if a client were to license the reproduction of a tattoo design by itself (e.g.,

Fair Use 80

Fair Use Designs Design Licensing 80

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. TYPES OF INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTS : Copyrights are a fundamental type of intellectual property right that plays a crucial role in protecting the creative works of startups.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” Note that Chrissy would still need to obtain a license to use the underlying “Best Day Ever” composition.)

Music 85

Music Copyright Copying Copyright Law 85

Patently-O

DECEMBER 11, 2023

Under governing law, that is a judicial function. granted defendants’ motion to dismiss in relation to the plaintiffs’ theory that the output of generative AI models were necessarily “all infringing derivative works” regardless of their substantial similarity to the plaintiffs’ original expression.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. Surely paid licensing should not have to work on an all-or-nothing basis.

Blogging 96

Blogging Copying Social Media Copyright 96

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

AUGUST 4, 2023

Lessons from China: patent office can work with bank and experts to value specific IP, issue a certificate, and the bank can then rely on that. Can also have government provided guarantee. Reproduction and public display are the main alleged rights violated (with lots of overlap); only 71 derivative work claims.

IP 52

IP Copying Due Diligence Registration 52

43(B)log

FEBRUARY 4, 2023

Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Aman Gebru, Communal Authorship © does well with solo and team authored works, but not communally authorized works, which creates confusion and gets in the way of expression; some actors benefit unfairly, capturing value that isn’t theirs.

Copyright 64

Copyright Editing Settlement Music 64