Velocity of Content

APRIL 11, 2024

“Despite efforts by LLM providers to avoid reproducing lengthy excerpts from single works, strings of words from ingested works persist in LLMs. This article originally appeared in IP Watchdog. Copies are undoubtedly made in the LLM training process, and copyright laws apply to the copying of protected works.

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Licensing Fair Use Copying Copyright 52

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. According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram. This license only ends when the image is deleted from the platform.

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IP Branding Brands Branding 85

Kluwer Copyright Blog

JANUARY 16, 2024

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

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LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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Licensing Derivative Work Intellectual Property Moral Rights 40

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

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Fair Use Derivative Work Copying Licensing 57

Copyright Lately

MAY 6, 2022

For that, you’d need an assignment or license from the owner of the underlying copyright. ” The statement went on to explain that the group had acquired rights from a company called Squemme Productions, which itself had acquired “the exclusive IP for the first 130 episodes of TNMT 1987” from Poly Productions/IDDH.

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Derivative Work Licensing Artwork Contracts 87

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors.

Licensing 52

Licensing Fair Use Copyright Derivative Work 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?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. More > Tags: Copyright , copyright license , Intellectual Property , music copyright.

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Copyright Intellectual Property Derivative Work Copying 98

Intepat

MAY 24, 2023

In today’s business landscape, the significance of intellectual property (IP) assets is on the rise and is becoming increasingly crucial in various sectors. 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.

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Intellectual Property Contracts Ownership Invention 98

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

MAY 18, 2023

Goldsmith had issued a limited license for this purpose. The license stated her photograph could be used for reference, “one time only.” ” Turns out – in addition to the Vanity Fair illustration – Warhol made a series of 16 additional works derived from Goldsmith’s photo.

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Fair Use Derivative Work Licensing Copyright 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 52

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

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 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

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. Netflix claimed that the defendants declined their licensing offer before the live performance and proceeded without authorization.

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Social Media Music Intellectual Property Content Creation 105

Velocity of Content

SEPTEMBER 2, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

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Copyright Licensing Social Media Derivative Work 116

43(B)log

FEBRUARY 16, 2024

With songs, or motion pictures, or any real IP good, consumer demand is very strange. Applied to Warhol: if the Warhol license becomes 5-10% more expensive, will people switch to Goldsmith? Q: how does the antitrust view handle the derivative works right?] Why did licensing get elevated? A: has to be worked out.

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Derivative Work Fair Use Art Marketing 59

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

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. Difference between Assignment and Licensing of Copyright.

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Copyright Ownership Licensing Intellectual Property 105

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. ” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.”

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Fair Use Art Derivative Work Copyright Infringement 52

The IPKat

JUNE 27, 2022

The IPKat is pleased to host the guest contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on a very recent development concerning NFTs and IP. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. In other words, the “old” IP rights (copyright, trade marks, etc.) remain fully applicable to NFTs.

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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

43(B)log

AUGUST 4, 2023

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? IP is considered very risky for loans—not good collateral. 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. RT: Why is IP the solution space?

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IP Copying Due Diligence Registration 52

LexBlog IP

MAY 19, 2023

In 1984, Goldsmith licensed the copyrighted photograph for $400—for publication “one time”—to Vanity Fair, who hired Andy Warhol to make a purple silk screen image based on the photograph, which Vanity Fair published in an article about Prince. of a commercial nature. is (in copyright lingo) not ‘transformative.’”

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Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

JUNE 5, 2023

” The license provided that the use would be for “one time” only. Vanity Fair commissioned Warhol to create the illustration, and Warhol used Goldsmith’s licensed photo to create a purple silkscreen portrait of Prince, which appeared with an article about Prince in Vanity Fair ’s November 1984 issue.

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Fair Use Derivative Work Art Licensing 52

SpicyIP

MAY 23, 2024

She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Saregama Vodafone Injunction against exploitation of copyright in sound recording and allied copyright work via VAS. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. Her previous posts can be found here.

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Music Licensing Copyright Moral Rights 59

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

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.” Was it a license on the world’s greatest terms? First, as far as copyright cases go, this one’s easy.

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Music Derivative Work Fair Use Cease and Desist 102

LexBlog IP

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.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

SpicyIP

OCTOBER 2, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. The Conundrum of Naked Licensing Naked Licensing, aka “You Snooze, You Lose.” TIPS Industries Ltd.

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Licensing Trademark Intellectual Property IP 59

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. Under copyright protection, startups have the exclusive right to reproduce their works and distribute them to the public.

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Intellectual Property Cease and Desist Invention Branding 52

The IP Law Blog

JULY 6, 2023

The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works. Otherwise, “transformative use” would swallow the copyright owner’s exclusive right to prepare derivative works….”

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Fair Use Derivative Work Copying Licensing 52

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” In 1981, Goldsmith, who was then a portrait photographer for Newsweek , took a series of photographs of the then-up-and-coming musician Prince. He did just that.

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Fair Use Derivative Work Art Licensing 97

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music.

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