Copyright Lately

SEPTEMBER 12, 2022

Vila licensed his photo to various online and print publications for use in articles about Shayk. Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

TorrentFreak

JANUARY 6, 2023

Schneider’s first amended complaint alleged that YouTube and its users infringed her copyrighted musical compositions and sound recordings, and that YouTube facilitated infringement by removing copyright management information (CMI) from her copyright works, in violation of the DMCA. YouTube’s Licensing Defense.

Copyright 119

Copyright Music Licensing Publishing 119

LexBlog IP

MAY 19, 2023

The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use. Lynn Goldsmith, a rock-and-roll photographer, took a photograph of Prince in 1981 that was published in a Newsweek article. of a commercial nature. is (in copyright lingo) not ‘transformative.’”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Velocity of Content

SEPTEMBER 2, 2021

In the fourth , we looked at the upcoming implementation of the CASE Act, which (assuming it works as intended) will provide for a “small claims court” style of addressing copyright issues. Creative Commons – a non-profit organization operating since early 2001 – released its first licenses to the public in 2002. With more than 1.4

Copyright 116

Copyright Licensing Social Media Derivative Work 116

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

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. 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. 3:22-cv-06823 – Whither transformative?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

Kluwer Copyright Blog

MAY 9, 2022

Vanity Fair decided to publish an article about the rock singer Prince in a 1984 magazine. Vanity Fair contacted Lynn Goldsmith’s licensing agency in search of a photograph of that performer to serve as an artist reference. Besides, Goldsmith had chosen not to license that photograph to others.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Was it a license on the world’s greatest terms?

Music 105

Music Derivative Work Fair Use Cease and Desist 105

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] Second, this blog will provide an explanation for why threats of litigation are damaging to mod communities as well as to the video game publishing companies that employ them.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Copyright Lately

NOVEMBER 8, 2022

Following a twenty-year hiatus that ended in 2019, a new crop of works has entered the U.S. In 2023, this will include all works first published in 1927. Note that works remain protected until the end of the calendar year. Extending Rights in Public Domain Works. public domain each year on January 1.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows.

Copying 120

Copying Social Media Licensing Technology 120

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 92

Fair Use Licensing Copying Artwork 92

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. We limit our analysis accordingly.

Fair Use 106

Fair Use Licensing Music Art 106

Copyright Lately

AUGUST 25, 2023

For purposes of a copyright registration, “unclaimable material” has historically included four types of material: Previously published material. The same is true if AI is used for technical tasks—blurring out license plate numbers from reality show footage or performing color corrections. What is Unclaimable Material?

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

SpicyIP

DECEMBER 17, 2023

Section 4 of the 1914 Act provided for the modification of copyright as regards the translation of works first published in British India. For works initially published in British India, the copyright for translating, producing, reproducing, performing, or publishing is limited to ten years from the first publication.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

Copyright Lately

JANUARY 31, 2023

What makes Astley’s case interesting is that Gravy and his record label obtained the appropriate copyright license to recreate the melody and lyrics from “Never Gonna Give You Up” (which Astley didn’t write and doesn’t control) for “Betty (Get Money).” The defendants obtained a license to use the former, but not the latter.

Music 99

Music Copyright Licensing Copyright Infringement 99

LexBlog IP

JUNE 27, 2022

Shosh and Yuval must prove that Top Gun: Maverick is a derivative of the Story and that Paramount – with notice of the termination of rights – proceeded to make and publish Top Gun: Maverick after the notice. First, can Shosh and Yuval ‘elect to terminate’ rights in which they did not give? 17 U.S.C. §

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

LexBlog IP

JUNE 27, 2022

Shosh and Yuval must prove that Top Gun: Maverick is a derivative of the Story and that Paramount – with notice of the termination of rights – proceeded to make and publish Top Gun: Maverick after the notice. First, can Shosh and Yuval ‘elect to terminate’ rights in which they did not give? 17 U.S.C. §

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.

Copyright 78

Copyright Derivative Work Music Designs 78

LexBlog IP

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. ” Andy Warhol Foundation for Visual Arts, Inc. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

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.

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Fair Use Derivative Work Blogging Licensing 95

JIPL Online

APRIL 9, 2021

[x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme. 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Intelligence

JUNE 6, 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. We limit our analysis accordingly.

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. Surely paid licensing should not have to work on an all-or-nothing basis.

Blogging 95

Blogging Copying Social Media Copyright 95

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 87

Licensing Copyright Contracts Advertising 87

43(B)log

FEBRUARY 3, 2023

MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Q: why not assume that Disney, like the music publishers, would send individual creators to front for them? 1993 hearing, transcript not public before.

Copyright 59

Copyright Copying Music Fair Use 59

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. Re-published with permission. law calls a “derivative work,” a way of transforming, recasting or adapting copyrighted material, for example, as with a movie based on a novel.

Licensing 52

Licensing Fair Use Copying Copyright 52

LexBlog IP

JUNE 5, 2023

The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only. .” Warhol and his Foundation’s claim of fair use lost. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

This is so despite the frequent and repeated collation of the interests of press publishers and journalists, often used to support increasing regulation of news media and digital platforms. reveals that there is almost no evidence on how journalists think about copyright, or how it impacts them in their professional lives.

Copyright 52

Copyright Public Domain Marketing Marketing 52

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

Patently-O

OCTOBER 11, 2022

As part of that process, the magazine obtained a license from Goldsmith, but only for the limited use as an “artists reference” for an image to be published in Vanity Fair magazine. The published article acknowledges Goldsmith. Warhol was never personally a party to the license).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

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. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As Complaint at 2.

Blogging 126

Blogging Licensing Privacy Copyright Notice 126

43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

43(B)log

SEPTEMBER 7, 2023

The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue. Campbell’s lawyers are not serving her well by claiming that §106A applies to this photo, but that doesn’t turn out to matter here.)

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

The IP Law Blog

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. VHT licenses the individual photos themselves, not the database, and the database itself is not published.

Copyright 98

Copyright Registration Licensing Derivative Work 98