IP Tech Blog

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

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Copyright Lately

SEPTEMBER 12, 2022

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. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

Copyright 99

Copyright Derivative Work Artwork Fair Use 99

LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. Mora, Netflix Will See More Copyright Litigation After Eleventh Circuit Ruling , Daily Business Review (Oct. SETTLEMENT CASES. 1] See Michael A.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

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] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

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Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

MARCH 22, 2023

The US Copyright Office also noted that this stance does not prevent content creators from claiming copyright for derivative works based on material generated by an AI system. You, as the user, retain control over your derivate work created with an AI system. Have a question about obtaining a copyright?

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Derivative Work Copyright Copyright Law Technology 52

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. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Listen to this podcast episode here.

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43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Rosenblatt: how we think about that might be different in music sampling than other derivative works.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

BYU Copyright Blog

MAY 24, 2022

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 22, 2023

Warhol’s representation was based on and “transformed” Goldsmith’s photograph in a manner that made it a derivative work, and as such the right to create a derivative work such as the pop art and commercially license it should belong to Goldsmith, the copyright holder.

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JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

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Derivative Work Fair Use Copyright Marketing 45

IP Tech Blog

AUGUST 4, 2023

The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., It’s a way where you take your original work and add new expression to it. turning a book into a movie, a translation of a book from one language to another).

Art 52

Art Fair Use Derivative Work Blogging 52

Velocity of Content

APRIL 30, 2024

Shumaker: I’m also curious about CCC’s role in any of the current litigation. But we don’t keep track of this, and we don’t get involved in their litigation decisions. In the case of AI, I think both NC (non-commercial) and ND (non-derivative works) provisions may be involved. Rowland: Yes.

Licensing 52

Licensing Social Media Copyright Publishing 52

BYU Copyright Blog

OCTOBER 25, 2021

According to LTF, the "striking similarities" between the two works demonstrate that Bel-Mac intentionally created a derivative work and infringed on the LTF's exclusive rights under copyright and trademark law. We will be sure to provide future updates as the litigation progresses.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 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.” “Netflix would not authorize and did not want them to engage in any live performances (e.g., Metro-Goldwyn-Mayer, Inc.

Music 106

Music Derivative Work Fair Use Cease and Desist 106

TorrentFreak

SEPTEMBER 28, 2023

“Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. In addition to using copyrighted works for training data, the LLM models themselves are also infringing derivative works, and the same applies to the output of the models.

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IPilogue

DECEMBER 20, 2021

In the United States, copyright holders have the sole right to prepare derivative works , including major copyrightable elements of an original, previously created work. Unfortunately, laws around fanfiction and fanart are not clear. Despite the legal uncertainty, fanfiction and fanart continue to rise.

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Copyright Television Copyright Infringement Derivative Work 122

TorrentFreak

JANUARY 25, 2023

and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work. In this lawsuit alone, Bungie has already incurred litigation costs in excess of $338,000. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc.,

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Derivative Work Copyright Litigation Privacy 129

TorrentFreak

OCTOBER 17, 2022

The defendants accepted that their cheating software “displays a graphical overlay” that integrates into and annotates Bungie’s copyrighted Destiny 2 work, and injects new code into Destiny 2’s copyrighted code, in both cases creating an unlicensed derivative work. 11020781 Canada Inc., Bungie Continues to Connect The Dots.

Settlement 125

Settlement Derivative Work Copyright Litigation 125

Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

LexBlog IP

FEBRUARY 28, 2022

Controversy” [8] : The Litigation. 13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. Xpectation” [37] : Takeaways.

Fair Use 97

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Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Kluwer Copyright Blog

APRIL 22, 2022

Our analysis of the concept of work also investigated the legal status of secondary (derivative) works in relation to the (primary) works used in the input in the context of AI music outputs. 1] (On the topic of AI outputs and derivative works, see here.).

Music 67

Music Copyright Derivative Work Ownership 67

LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

LexBlog IP

DECEMBER 19, 2023

Finally, an AI model trained on synthetic data may still generate outputs that are potentially infringing on copyright-protected works depending on the similarity of such outputs to those original works. This decision is currently on appeal, and no U.S.

IP 52

IP Derivative Work Copyright Copyright Infringement 52

TorrentFreak

JANUARY 6, 2023

Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued.

Copyright 116

Copyright Music Licensing Publishing 116

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

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Under copyright protection, startups have the exclusive right to reproduce their works and distribute them to the public. Copyrights also provide startups with the authority to create derivative works based on their original creations. This means that no one else can copy or distribute their creations without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 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 96

Copyright Lately

MAY 22, 2023

A lot of ink has been spilled ( mine included, if you need a refresher ) on litigation that ultimately boiled down to whether it was fair use for AWF to license the right to publish Warhol’s artwork based on Goldsmith’s Prince photo. Goldsmith.

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Fair Use Licensing Copying Artwork 93

Kluwer Copyright Blog

AUGUST 13, 2023

The US policy approach can be derived from the US National AI R&D Strategic Plan issued by the National Science and Technology Council (which offers technical guidance to the US Government) and is based on 9 strategies and represents a policy approach per principles – in this regard similar to the UK one.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases.

Licensing 90

Licensing Copyright Contracts Advertising 90

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

Blogging 96

Blogging Copying Social Media Copyright 96

LexBlog IP

JUNE 5, 2023

” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. .” ” Id. ” Slip Op., ” Id. ” Id.

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Fair Use Derivative Work Art Licensing 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

Drawing on a well-established body of quantitative studies, Heald concludes that extensions to copyright duration have largely negative impacts on the availability of works, development of derivative works, and prices. Directions for future research are only likely to grow.

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Copyright Public Domain Marketing Marketing 52