43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. Admittedly, this is an invention that was never litigated; the analysis of purpose would have to be a little different.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

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

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. § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. It participates in the same conventionalized market. A: b/c it’s not a substitute—it appeals to a different market.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Google appeared first on Technology & Marketing Law Blog.

Copying 75

Copying Ownership Derivative Work Contracts 75

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. At this point, this speculation seems a little premature.

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Fair Use Derivative Work Copying Licensing 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].

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

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 102

Music Derivative Work Fair Use Cease and Desist 102

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. Additionally, trademarks serve as powerful marketing tools.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

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

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 91

Fair Use Licensing Copying Artwork 91

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 76

Copyright Derivative Work Music Designs 76

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S The IPO, in Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

The IP Law Blog

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

43(B)log

AUGUST 11, 2022

Do other jurisdictions have litigation over editors/give © credit to editors? Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. Not available in ©. A: editor example is tricky b/c it’s about construction of originality.

Music 56

Music Copyright Ownership Derivative Work 56

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 89

Licensing Copyright Contracts Advertising 89

43(B)log

AUGUST 4, 2023

Access to market is now about having enough computers to run the software for all your users. Totally new product: risks cannibalizing existing market; risks entire portfolio (example: Google Buzz—still in a consent decree w/FTC). Ben Depoorter, Copyright Small Claims Litigation: An Empirical Analysis Goal: stick to infringement.

IP 52

IP Copying Due Diligence Registration 52

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 137

Copyright Fair Use Copyright Law Law 137

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. Lunney: benefits of © system may also include consumption of © works: attending theater, buying albums, books.

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.

Copyright 52

Copyright Public Domain Marketing Marketing 52

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Derivative works? Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages. But you’re also raising market entry barriers, so new entrants will innovate less.

Trademark 72

Trademark Copyright Branding Brands 72

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

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” The one actually litigated in the case (these images come from the complaint) is here.) Factual and Procedural Background. 3d 1194 , 1196 (9th Cir. b)(4)(i)(A) (2011).

Registration 77

Registration Blogging Copyright Designs 77

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.

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Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

FEBRUARY 3, 2023

Much of the litigation thus turns on what it means for a similarity to be probative of copying. Hived off of fair use and became its own defense in early 20 th century, then became swallowed by substantial similarity, which is a huge problem b/c it was about market substitution and it means the derivative work rights ballooned.

Copyright 59

Copyright Copying Music Fair Use 59

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 include[es] the contribution of businesses with religious roots. This mid-range estimate puts the value of religion to U.S. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52