LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Ownership and Enforcement. Copyright Ownership.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

AUGUST 25, 2023

Think of human modifications to AI as a quasi-derivative work—the copyright in a derivative work only extends to the material contributed by the author of that work , as opposed to the underlying material.

Derivative Work 78

Derivative Work Registration Copyright Public Domain 78

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 88

Licensing Copyright Contracts Advertising 88

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.” That is, in fact, the very nature of sound recording copyright and ownership.” We own all sounds captured on a sound recording.

Music 87

Music Copyright Copying Copyright Law 87

43(B)log

FEBRUARY 3, 2023

In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Rosen, Fog and Fiction and Copyright Term Extension aka Who Framed Mickey Mouse?

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2. Complaint at 31.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

43(B)log

AUGUST 3, 2023

By defining purpose only as licensing image of Prince—use in a well-structured conventionalized market—the majority gets to be dismissive of the dissent; it doesn’t matter how much Warhol contributed b/c he created a substantially similar image which is now competing with her photograph. We don’t even get into the market stuff.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. I guarantee that copyright owners will quote this statement to improperly assert ownership over uncopyrightable components of their “commercial websites.”

Copying 75

Copying Ownership Derivative Work Contracts 75

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 138

Copyright Fair Use Copyright Law Law 138

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

OCTOBER 2, 2023

Highlights of the Week Bayh Dole-esque Guidelines Notified by Dept of Biotechnology Image from here Earlier this month, Dept of Biotech notified the DBT IP Guidelines for ownership and commercialization of IP arising from DBT funded research outcomes. The Conundrum of Naked Licensing Naked Licensing, aka “You Snooze, You Lose.”

Licensing 59

Licensing Trademark Intellectual Property Copyright 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. 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?

Copyright 119

Copyright Blogging Publishing Fair Use 119

43(B)log

AUGUST 11, 2022

common ownership are reciprocal. And it’s not really joint ownership in the real property sense b/c there is always a way out of joint ownership—severance to turn it into tenancy in common, which limits the costs that holdout joint owners can impose on each other. Also: what about derivative works?

Music 56

Music Copyright Ownership Derivative Work 56