IP Law 360

AUGUST 30, 2022

Entertainment giant Paramount has urged a California federal judge to toss a copyright suit brought by the family of a writer for source material of the film "Top Gun," arguing that the movie's sequel is "vastly different" from the derivative work.

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IP and Legal Filings

MAY 15, 2024

The IP Owner and the third party are the licensor and the licensee respectively. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display. Limited licenses also have fewer risks than outright purchases of IP.

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JD Supra Law

DECEMBER 30, 2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Paramount has since filed a motion to dismiss the case. By: Weintraub Tobin

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Blogging Derivative Work IP Law 40

LexBlog IP

DECEMBER 30, 2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Paramount has since filed a motion to dismiss the case. Listen to this podcast episode here.

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Blogging Derivative Work IP Law 52

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights. Applicable IP rights. Is this the same in the US and China?

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IP Ownership Non-Fungible Tokens Copyright Law 109

IP Law 360

AUGUST 31, 2023

The Fifth Circuit has found that a realty firm did not infringe an architectural company's copyright of schematics to develop a senior living facility in Texas, concluding that an agreement between the parties allowed for derivative works from the initial design to finish the project.

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Intellectual Property Office Blog

JULY 29, 2021

This is a great example of Molly Mae understanding her IP rights and using them for commercial gain. The specific wording states 'non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content'.

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IP Watchdog

FEBRUARY 27, 2023

The question before the Court is where does a copyright holder’s right to create derivative works stop and “fair use” of the work begin? On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v.

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Copyright Fair Use Derivative Work Licensing 128

CoCal IP Law Institute

AUGUST 5, 2021

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment.

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IP Tech Blog

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. 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., Goldsmith et al, Case No.

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Art Fair Use Derivative Work Blogging 52

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world.

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Intellectual Property IP Copyright Infringement Copyright 72

IP Watchdog

OCTOBER 12, 2022

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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43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. For example, Apple did not attempt to explain how slowing down the execution of its code using CORSEC created an infringing derivative work or unauthorized copy, any more than slowing down video playback would. Corellium security research dispute.

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IP Tech Blog

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. At this point, this speculation seems a little premature.

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Fair Use Derivative Work Copying Licensing 57

LexBlog IP

MARCH 22, 2023

The US Copyright Office also noted that this stance does not prevent content creators from claiming copyright for derivative works based on material generated by an AI system. You, as the user, retain control over your derivate work created with an AI system. Have a question about obtaining a copyright?

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Derivative Work Copyright Copyright Law Technology 52

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

In addition to the Oscar contenders, the majority of 2023’s highest grossing films , from Across the Spider-Verse to The Super Mario Bros Movie , were based on preexisting IP and adapted for the big screen. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be? In Yonay v.

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Derivative Work Licensing Copyright Copyright Law 64

LexBlog IP

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. 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.

Art 52

Art Fair Use Derivative Work IP 52

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

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Derivative Work Copyright Fair Use Copyright Law 59

IPilogue

NOVEMBER 8, 2021

By using and copying Pearson’s original creative content to make answer sets based on that content, Chegg infringes Pearson’s exclusive rights as a copyholder, including the rights of reproduction, preparation of derivative works, and distribution.” . Code, subsection 101 , states: . “ Under the U.S. When the current U.S.

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Copyright Infringement Derivative Work Copyright Copying 106

The IPKat

JANUARY 26, 2023

A remarkably focused Kat If you missed last week's IP posts, this is the perfect time to catch up. This phenomenon illustrates the commercial potential of derivative works within the copyright system. This phenomenon illustrates the commercial potential of derivative works within the copyright system.

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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.”

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LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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Fair Use Art Licensing Derivative Work 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.

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Derivative Work Invention Copyright Law Copyright 52

LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

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The IP Law Blog

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

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Fair Use Derivative Work Artwork Copyright Law 98

IP Law 360

JUNE 17, 2022

Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v.

Fair Use 75

Fair Use Derivative Work Technology Copyright 75

The IPKat

OCTOBER 1, 2022

The IPKat is delighted to host the contribution below by Katfriend Felicia Caponigri (IMT Alti Studi Lucca and Fashion by Felicia) on the IP implications of the recent and seemingly already iconic Dolce&Gabbana fashion show at the recent Milan Fashion Week. Here’s what Felicia writes: Archival Authenticity or Iconic Copies?

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Copying IP Copyright Law Designs 97

IPilogue

SEPTEMBER 13, 2022

Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. With the increased prevalence of content creation on social media , it is important for creators to be aware of these IP laws.

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LexBlog IP

DECEMBER 19, 2023

In other words, synthetic data may not be a complete solution for the potential IP infringement risks identified above but, rather, a way to push any issues further up the data input line. This decision is currently on appeal, and no U.S. 2] MIT Sloan, “ The Real Deal About Synthetic Data ” (October 20, 2021). [3]

IP 52

IP Derivative Work Copyright Copyright Infringement 52

IP Watchdog

OCTOBER 26, 2022

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.

Licensing 58

Licensing Derivative Work Copyright Music 58

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.

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Fair Use Derivative Work Copyright Law Art 52

IP Law 360

JULY 18, 2023

The Ninth Circuit ruled Monday that copyright registration of a derivative work covers elements shared by earlier unregistered versions, recognizing a management consultant's right to sue a software company for allegedly copying both iterations of a teaching tool she claims to have created.

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The IP Law Blog

MARCH 14, 2024

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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Derivative Work Copying Copyright Infringement Copyright 112

LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights. Applicable IP rights. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 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.”

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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.

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Intellectual Property Brief

MARCH 10, 2022

The development of three-dimensional information is becoming ever more beneficial for the construction industry; yet, with this rapid expansion of technology comes an equally rapid expansion of legal issues over intellectual property, specifically over ownership, rights of use or reuse, liability, confidentiality, and derivative works.

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Intellectual Property Derivative Work Business Confidentiality 52