Kluwer Copyright Blog

OCTOBER 5, 2022

Although some believe that NFTs are a special case and call for new legal tools, CC believe that their licences work just as well with the new technologies. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. € by Edward J.

Licensing 109

Licensing Technology Public Domain Non-Fungible Tokens 109

TorrentFreak

JUNE 10, 2022

The defendants threaten the gaming experience, Bungie added, noting that anti-cheating mitigation technology had cost it “exorbitant amounts of money.” ” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created.

Copyright 127

Copyright Derivative Work Intellectual Property Copyright Infringement 127

Intepat

JANUARY 8, 2024

Response from OpenAI and Microsoft OpenAI, the creator of ChatGPT, and Microsoft, emphasised its commitment to respecting the producer’s content rights and hopes to collaborate to benefit from AI technology models. Training AI models using these works could infringe on these rights, especially without authorisation.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

Fair Use 92

Fair Use Copyright Privacy Copying 92

TorrentFreak

SEPTEMBER 5, 2023

It targeted an individual who had deployed cheats in Destiny 2 and as a result, now faced claims of breaching security mechanisms controlling access to a copyrighted work. For modifying the Destiny 2 game, thereby creating an unauthorized derivative work, Bungie was able to demand another $150,000.

Cease and Desist 95

Cease and Desist Derivative Work Copyright Infringement Copyright 95

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” The report notes on page 11 that “In 2003, research estimates put the [U.S.] market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

TorrentFreak

OCTOBER 10, 2023

While entrepreneurs and the public at large are mostly focused on the new possibilities the technology offers, many copyright holders are focused on potential threats. The RIAA believes that ripping YouTube tracks is a violation of the DMCA and using a voice model to create a derivative work is problematic too. Voicify.ai

Reporting 113

Reporting Government Music Derivative Work 113

LexBlog IP

MARCH 22, 2023

. “Based on the Office’s understanding of the generative AI technologies currently available, users do not exercise ultimate creative control over how such systems interpret prompts and generate material,” said the US Copyright Office in their statement. Have a question about obtaining a copyright?

Derivative Work 52

Derivative Work Copyright Copyright Law Technology 52

LexBlog IP

APRIL 25, 2023

History suggests the law will split inventorship down the middle and grant rights to those “portions” of an invention or copyrightable work that were created by a human, and avoid granting protection to the “portions” that were AI-generated. Copyright law does this well with the protection of derivative works.

Derivative Work 52

Derivative Work Invention Copyright Law Copyright 52

The IPKat

NOVEMBER 15, 2023

Image: DACS IPKat's Dr Hayleigh Bosher, Associate Dean / Reader in Intellectual Property Law, Brunel University London Matthew Blakemore, Chief AI Strategist at AI Caramba! For Keiken, financial compensation for the creative work they do is important as otherwise their creative practice would not be sustainable.

Reporting 70

Reporting Derivative Work Intellectual Property Copyright 70

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

LexBlog IP

SEPTEMBER 21, 2023

These lawsuits highlight the potential legal consequences industry leading AI technologies will begin to face as these technologies become more mainstream. Both Meta and OpenAI moved to dismiss all claims except the direct infringement claim, as the companies plan to contest this claim later as a matter of law. .”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

IIPRD

APRIL 8, 2024

Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5]

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 52

IIPRD

SEPTEMBER 29, 2022

Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. MP3 REVOLUTION (DERIVATIVE WORKS) MP3 stands for MPEG audio layer 3.

Copyright 52

Copyright Intellectual Property Copying Music 52

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. You have to look at the use, not the work, but the use.”

Art 52

Art Fair Use Derivative Work Blogging 52

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

NOVEMBER 8, 2023

[vi] Plaintiffs’ claims that AI outputs are “derivative works” failed in part for lack of substantial similarity to third-party copyrighted content. ” [viii] Skepticism that the AI model itself could be a “derivative work.”

Derivative Work 52

Derivative Work Copyright Infringement Copying Copyright 52

LexBlog IP

FEBRUARY 20, 2024

Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Our technology lawyers understand blockchain technology and artificial intelligence, representing companies and projects in new and emerging fields.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

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

LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. Disney carefully safeguards and enforces its intellectual property rights, and they will most likely sue if given a chance. While copyright protection expires, trademark protection does not.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

Copyright Lately

MAY 6, 2022

Don’t get me wrong—I’m all in favor of using blockchain technology to facilitate the exchange of creative content. Want to Create New Derivative Works? But simply putting the word “rights” in scare quotes doesn’t make them “so called” rights. You Should Probably Read The License.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

LexBlog IP

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Our technology lawyers understand blockchain technology and artificial intelligence, representing companies and projects in new and emerging fields.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP Tech Blog

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 62

Trademark Non-Fungible Tokens Branding Brands 62

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

LexBlog IP

SEPTEMBER 12, 2023

Copyright is a form of intellectual property law that protects original works of authorship, including literary, dramatic, musical, and specific intellectual works. Proactively protecting your work is a legal necessity and a strategic move that can add value to your startup.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

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. While US law on training data and AI may be complex (e.g.,

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). What is perhaps different with AI technologies is the magnitude of the potential impact, brought about by the unprecedented scale of automation that increases productivity and access to creativity.

Music 66

Music Copyright Derivative Work Ownership 66

Kluwer Copyright Blog

DECEMBER 5, 2022

Augmented Reality (AR) is a fast-evolving technology enabling the overlap of digital images with those from the real world. It makes use of several technological developments and in particular computing devices with wireless connectivity that let the user connect to the Internet and other devices in different places. published in Grur.

Copyright 103

Copyright Public Domain Art Moral Rights 103

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

AUGUST 4, 2023

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. ” “The Idea of copyright is actually a bundle of different rights. turning a book into a movie, a translation of a book from one language to another).

Art 52

Art Fair Use Derivative Work IP 52

LexBlog IP

SEPTEMBER 28, 2023

It is not enough for the output to merely be “based upon” another work, Open AI argued. 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.’”

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52