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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

TorrentFreak

OCTOBER 17, 2022

The site’s underlying technology is powered by the open-source Matchering 2.0 The RIAA logically doesn’t want third parties to strip music or vocals from copyrighted tracks, particularly when these derivative works are further shared with others. Unauthorized Copies and Derivatives. mp3juices.cc.

Music 136

Music Copyright Derivative Work Copying 136

TorrentFreak

SEPTEMBER 29, 2022

repeatedly breached the terms of its Limited Software License Agreement (LSLA) by using third-party cheating software, getting banned by Bungie, and then repeatedly signing back up to breach the LSLA’s terms once again. But on the other, they also grant permission – a license – for other actions too. ” No LSLA?

Derivative Work 113

Derivative Work Licensing Copyright Infringement Copyright 113

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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.

Derivative Work 52

Derivative Work Invention Copyright Law Copyright 52

TorrentFreak

JUNE 10, 2022

The defendants threaten the gaming experience, Bungie added, noting that anti-cheating mitigation technology had cost it “exorbitant amounts of money.” ” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created.

Copyright 128

Copyright Derivative Work Intellectual Property Copyright Infringement 128

Intepat

MAY 24, 2023

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. In a licensing agreement, the licensor grants the licensee the right to use their intellectual property in a specified manner, while also retaining a stake in it.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

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

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

TorrentFreak

MAY 10, 2023

The defendants admitted that Wallhax injected new code into Bungie’s code, thereby creating an unlicensed derivative work. They also conceded that Wallhax circumvented Bungie’s technological measures in breach of the DMCA. In June 2022, Bungie was awarded $13.5m 11020781 Canada Inc., and owner Robert James Duthie Nelson.

Derivative Work 111

Derivative Work Copyright Infringement Copyright Contracts 111

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 116

Copying Social Media Licensing Technology 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

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? While UK law arguably offers more certainty, the US offers statutory damages.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them. Copyright Infringement Offenses. 1201(a)(2)).

Copyright Infringement 137

Copyright Infringement Copyright Derivative Work Social Media 137

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

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed. federal copyright law)?

Fair Use 98

Fair Use Derivative Work Licensing Art 98

Copyright Lately

AUGUST 25, 2023

If AI technology determines the expressive elements of its output, the generated material is not considered to be the product of human authorship, and therefore not protected by copyright. The same is true if AI is used for technical tasks—blurring out license plate numbers from reality show footage or performing color corrections.

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

The IPKat

DECEMBER 20, 2023

FlowGpt on the other hand, and creator of “NostalgIA'' using AI, came back with an answer, offering peace, and pointing out the beauty of creativity that new technologies can bring. However, AI technology is getting so good that even an amateur can create a song worth listening to, in any style of music or artist , and do so fast.

Music 73

Music Social Media Copying Derivative Work 73

JIPEL Copyright Blog

MARCH 9, 2022

A collaboration between the AGO and Toronto-based digital artist Alex Mayhew, ReBlink sought to exploit cutting-edge technology to provide AGO visitors an opportunity to experience its Canadian and European Collections in an entirely new way. There are clear advantages to the use of these technologies in the museum context.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

IIPRD

APRIL 8, 2024

Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5]

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

SEPTEMBER 12, 2023

Open Source material may seem safe and easy, but it has its licenses and restrictions. Licenses also play a pivotal role in this context. There are various types of licenses, ranging from permissive to restrictive, and choosing the right one can have long-term implications for your startup.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

MAY 31, 2023

The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference.

Fair Use 52

Fair Use Licensing Copyright Editing 52

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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

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. TYPES OF INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTS : Copyrights are a fundamental type of intellectual property right that plays a crucial role in protecting the creative works of startups.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

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

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.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

For example, in the “before” image above, the court doesn’t explain the source of the screenshot, what technological conditions it reflects, and how often those conditions will hold in the field. We need to know more about this license. Thus, a court’s hypothesis may have no grounding in reality.

Licensing 88

Licensing Copyright Contracts Advertising 88

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. In Religious Technology Center v. Netcom On-Line Comm.

Blogging 95

Blogging Copying Social Media Copyright 95

Velocity of Content

APRIL 11, 2024

Copyright and technology both move society forward. This goal also can be achieved, albeit in different ways, by technological advances, including AI systems. Put differently, despite efforts by LLM providers to avoid reproducing lengthy excerpts from single works, strings of words from ingested works persist in LLMs.

Licensing 52

Licensing Fair Use Copying Copyright 52

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

JANUARY 16, 2024

Such case law is interesting for the reconstruction of the technology deployed by Meta and the training methodology (at least from the plaintiff’s perspective) but also because the court has had the chance to preliminarily evaluate the robustness of the claims. Vicarious Copyright Infringement (17 U.S.C. §

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

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.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Copyright Lately

MAY 6, 2022

Don’t get me wrong—I’m all in favor of using blockchain technology to facilitate the exchange of creative content. For that, you’d need an assignment or license from the owner of the underlying copyright. Want to Create New Derivative Works? You Should Probably Read The License.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Trademark and Copyright Law Blog

APRIL 21, 2021

Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. The decision provides protection for software developers who otherwise would need licenses to copy portions of APIs to make their programs interoperable.

Copying 40

Copying Fair Use Copyright Marketing 40

Patently-O

OCTOBER 11, 2022

Rather, Warhol worked from a set of studio photographs by famed celebrity photographer Lynn Goldsmith. 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. Warhol was never personally a party to the license).

Fair Use 134

Fair Use Copyright Derivative Work Art 134