JD Supra Law

JULY 27, 2023

In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change.

Derivative Work 40

Derivative Work Copyright 40

Technology & Marketing Law Blog

NOVEMBER 21, 2023

Copyright law has the capacity to nix the entire generative AI category. This short opinion squarely addresses when AI training models constitute derivative works. Based on the way LLMs work, it’s highly unlikely they can find examples where the outputs are “similar enough” to their source material.

Derivative Work 101

Derivative Work Copyright Copyright Law Copying 101

Plagiarism Today

SEPTEMBER 15, 2021

In short, it’s claiming that Chegg, in many cases, either directly copies the content or creates a thinly veiled derivative work based upon it, both of which are violations of copyright law. Chegg does have a DMCA agent , as required under the law and, to the best of my knowledge, does respond to DMCA notices.

Copyright Infringement 236

Copyright Infringement Copyright Derivative Work Fair Use 236

The IP Law Blog

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.

Blogging 52

Blogging Derivative Work IP Law 52

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

Blogging 52

Blogging Derivative Work IP Law 52

BYU Copyright Blog

MAY 24, 2022

Sometime after this, Pepperdine allegedly took the Photo without authorization, cropped it, and used it as the cover of "The Orange Book: 2021 Academic Planning Guide" (the "Guide") a publication of the Pepperdine Caruso School of Law.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

Barry Sookman

FEBRUARY 25, 2024

… The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman.

Litigation 62

Litigation Derivative Work Fair Use Copying 62

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

Derivative Work 102

Derivative Work Copyright Settlement Reporting 102

Intellectual Property Law Blog

APRIL 12, 2023

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

Fair Use 244

Fair Use Derivative Work Copying Marketing 244

IPilogue

JULY 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The focus of the conflict was the meaning of “transformative works” in the U.S. There seems to have always been tension between artistic creativity and copyright law. In this sense, the act of copying is the very medium of Warhol’s art.

Copyright Law 111

Copyright Law Copyright Law Art 111

Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. You’d be wrong. 17 U.S.C. §

Derivative Work 108

Derivative Work Art Copying Fair Use 108

TorrentFreak

FEBRUARY 13, 2024

The vicarious copyright infringement claim fails because the court doesn’t agree that all output produced by OpenAI’s models can be seen as a derivative work. “Plaintiffs’ allegation that ‘every output of the OpenAI Language Models is an infringing derivative work’ is insufficient.

Copyright Infringement 115

Copyright Infringement Copyright Derivative Work Copying 115

The IPKat

JANUARY 4, 2022

The judge ruled that the music producer created only a derivative work because lyrics and vocal melody could constitute a separate work. In this author's view, if the music producer participates in the composing process, even if the work has several versions in the meantime, he should be considered as a co-author.

Music 145

Music Derivative Work Copyright Public Domain 145

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

Blogging 40

Blogging Derivative Work IP Law 40

JD Supra Law

FEBRUARY 9, 2024

Notably, Judge Vince Chhabria’s order granting the motion to dismiss rejected the theory that generative language models can themselves constitute infringing derivative works as. 20, 2023) (commonly referred to as Silverman v. By: Farella Braun + Martel LLP

Derivative Work 78

Derivative Work Copyright Technology 78

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.

Blogging 52

Blogging Derivative Work IP Law 52

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

LexBlog IP

APRIL 25, 2023

The law of inventorship is now quite murky. Extending to copyright law, where Thaler is fighting a similar battle, isn’t there a “modicum of creativity” leading to the AI-created work? Copyright law does this well with the protection of derivative works. an expired copyright).

Derivative Work 52

Derivative Work Invention Copyright Law Copyright 52

The IPKat

JANUARY 5, 2023

legal battle over the character of Zorro, the Supreme Court has provided important guidance on the requirements and limits of parody under both copyright [see also here for a recent French case] and trade mark law. Let’s see what happened. Background Back in 2007, US company Zorro Productions sued CO.GE.DI.

Copyright 138

Copyright Law Advertising Advertising 138

Kluwer Copyright Blog

JUNE 16, 2021

US copyright law does not protect remasters, as they lack originality. In this case the US Court of Appeals held that digitally remastered sound recordings could not be protected by federal copyright law. 2018 New York University Law Review, p. From remixes to remasters. A 2018 decision from the 9 th Circuit, i.e. ABS v.

Music 98

Music Copyright Law Copyright Law 98

The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design. 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

JD Supra Law

MAY 23, 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. By: Seyfarth Shaw LLP

Fair Use 52

Fair Use Derivative Work 52

43(B)log

DECEMBER 12, 2022

Prompted by recent reporting and inspired in particular by Ian Bogost's piece , I fed ChatGPT some of the questions I ask my students, and I am not worried about it helping anyone pass a law school class at this point, though perhaps that will change. Q: If the derivative works right were abolished, would anything important be lost?

Derivative Work 64

Derivative Work Copyright Infringement Copyright Reporting 64

TorrentFreak

JANUARY 17, 2024

It involved the use of copyrighted content to create an alleged ‘parody’ (one that many people would find offensive), the distribution of that content to the public via Twitter, and a defendant claiming immunity under copyright law. Not that other routes hadn’t already been tested, however.

Copyright 113

Copyright Derivative Work Fair Use Reporting 113

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

IPilogue

NOVEMBER 8, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . . 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.” .

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. 101 (derivative works “represent an original work of authorship”); L. Corellium security research dispute. Lewis Galoob Toys, Inc.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Private international law/Conflicts a. Potential role of three-step test (Berne 9(2)/TRIPS 13) 2. For reproduction: traditional analysis b. and Mazur, J.

IP 120

IP Derivative Work Intellectual Property Art 120

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.

Derivative Work 40

Derivative Work Trademark Copyright Registration 40

LexBlog IP

NOVEMBER 29, 2023

Like the court in that image-generator case, the new decision cited by OpenAI dismissed most of the plaintiffs’ copyright claims and other claims, although it did so with leave to amend all but one state-law negligence claim.

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 52

LexBlog IP

MARCH 22, 2023

In the statement, they explain that while AI can generate creative works, users do not have ultimate control over how the system interprets prompts and generates material. Under copyright law, authorship is determined by examining who exercised creative control over a work. Summary of US Copyright Office Notice on AI: 1.

Derivative Work 52

Derivative Work Copyright Copyright Law Technology 52

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

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. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v.

Fair Use 52

Fair Use Art Licensing Derivative Work 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.

Artwork 52

Artwork Derivative Work Copyright Editing 52