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.”

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Blogging Copying Social Media Copyright 96

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.

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Contracts Derivative Work Intellectual Property Music 52

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works? There is disagreement among commentators whether this is a desirable development.

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Copyright Fair Use Copyright Law Law 137

43(B)log

FEBRUARY 4, 2023

Lunney: benefits of © system may also include consumption of © works: attending theater, buying albums, books. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v.

Copyright 64

Copyright Editing Settlement Music 64

Copyright Lately

OCTOBER 3, 2022

From a purely economic standpoint, Alexander’s case was the litigation equivalent of a tattoo fail. That $3,750 works out to a measly $71 for each month the case has been pending. Simon himself predicted that the verdict could “open the floodgate” for future tattoo litigation.

Fair Use 80

Fair Use Designs Design Licensing 80

LexBlog IP

AUGUST 23, 2023

But I will describe what happened when I read a few news reports describing the outcome in Morford v. Warhol , at 1283-84 ] This paragraph asks the judge, or the art critic, to carry out their tasks, and consider the meaning of a work. Google] , 804 F.3d 3d [202,] 215-216 [(2d Cir. ” Morford , at 13. ” Farley, at 839.

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Copyright Art Copying Derivative Work 52

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. 53]. * * *. 1]. Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

MARCH 7, 2022

The one actually litigated in the case (these images come from the complaint) is here.) After the jury verdict, H&M asserted for the first time that Unicolors’ copyright registration was invalid, because it had improperly registered 31 different fabric designs together as works “included in a single unit of publication.”

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Registration Blogging Copyright Designs 77

LexBlog IP

JULY 21, 2021

As that report noted: The study’s most conservative estimate.takes into account only the revenues of faith-based organizations, [and] is $378 billion annually … By way of economic perspective, this is more than the global annual revenues of tech giants Apple and Microsoft combined.Our second mid-range estimate. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

FEBRUARY 16, 2024

There’s no way to explain what the Clay work does through aesthetics, and likewise no way to explain Sherrie Levine’s After Walker Evans. Conceptual work is beneath the surface of the work. Court’s assumption that there is an objective meaning of a work. Q: how does the antitrust view handle the derivative works right?]

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Derivative Work Fair Use Art Marketing 59

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

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 119

Copyright Blogging Publishing Fair Use 119

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Derivative works? Break out reported/unreported for all your analysis to deal w/that. Amazon might disrupt this tradition and spur more litigation. Possibly related to internet adoption. Annemarie Bridy: reproduction right?

Trademark 72

Trademark Copyright Branding Brands 72

The IP Law Blog

FEBRUARY 23, 2023

Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. WMAQ Channel 5 Chicago , in which a Chicago television station videotaped a prison interview with a convicted sex offender in connection with a report on the lax regulation of summer camps.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

JANUARY 10, 2024

Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works. It is strange because that would mean that the unpublished portions would also be government works available for public use. So what do you do as a reporter? ” Trump Responding Brief at 5. .”

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Ownership Copyright Government Intellectual Property 52