Copyright Lately

AUGUST 25, 2023

An article in the Hollywood Reporter earlier this week suggested that there’s finally been some movement between the parties with respect to generative AI, as studios recognize that copyright protection in AI-generated scripts is only possible for those works if they’re revised by human writers.

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IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. And in February 2022, Nike, Inc.

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Plagiarism Today

DECEMBER 1, 2021

He is briefly dubbed a copycat for simply having some similar ideas to an earlier work, but yet a new derivative work can come along and find even greater success. For those trying to create original works, it raises the question: Why bother? To be clear, no one is punishing original works. Why Bother?

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The IPKat

DECEMBER 20, 2023

The song, and specifically the part of Bad Bunny´s voice and style of lyrics, was reported by his fans to be so much like Bad Bunny that had them fooled. As such it could be argued that it has no direct impact on the market for the original by allowing an AI to hear or see a copy to be able to create by training its algorithm.

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Intellectual Property Office Blog

JULY 29, 2021

A huge chunk of Molly Mae’s success comes from social media channel Instagram, where she is reported to charge over £10,000 for each sponsored post. As well as ISAWITFIRST, Love Island has 9 sponsors this year and it’s been reported that each brand was asked to pay at least £100,000 to be affiliated with the show.

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LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

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LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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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. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

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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.

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The IPKat

OCTOBER 1, 2022

market of the dress, but, without the tag and its associated stamp of historical authenticity, a knockoff teddy corset dress does not support a consumer’s participation in the Dolce & Gabbana story. Marketing a design as iconic might support as much as undermine secondary meaning. In this negative space of copyright law in the U.S.,

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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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TorrentFreak

SEPTEMBER 7, 2021

Triller said that the operators of the H3 Podcast “unlawfully uploaded, distributed, and publicly displayed” the fight in breach of its rights, causing damages in excess of $50,000,000 after the “unauthorized broadcast” was viewed a reported 1,000,000 times.

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Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. year over year to $2.71 And we’re happy to have the opportunity to be very, very clear about our view of the legal landscape.

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Intellectual Property Law Blog

JUNE 5, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching … scholarship, or research is not an infringement of copyright.” [7] The nature of the copyrighted work. The effect upon the potential market for or value of the copyrighted work. [8]

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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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Kluwer Copyright Blog

NOVEMBER 8, 2021

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive). Top 3 Kluwer Copyright Blog posts.

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Copyright Lately

DECEMBER 24, 2023

The defendants’ use of the tattoo—”part of a visual and auditory compilation depicting the public’s overwhelming fascination with and reaction to Joe Exotic in the early days of the pandemic”—qualified as criticism, comment, or reporting and was therefore quintessential fair use.

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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?

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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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The IPKat

SEPTEMBER 14, 2023

Pastiche Kat Earlier today, The IPKat reported on the new referral to the Court of Justice of the European Union (CJEU) in the Pelham saga, this time concerning the notion of ‘pastiche’.

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43(B)log

SEPTEMBER 7, 2023

But this was a license to Microsoft, and Campbell argued that Microsoft wasn’t allowed to reproduce, distribute, and publish the Sowers photo as part of others’ advertising model (including news reporting). Instead, Campbell argued that she intended to prohibit further sublicensing. Amount: the whole photo.

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LexBlog IP

JUNE 5, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work. for purposes such as criticism, comment, news reporting, teaching. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work.

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Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? It will focus on the s.10(3)

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Blogging Law IP Fair Use 52

LexBlog IP

MAY 26, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work. for purposes such as criticism, comment, news reporting, teaching. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work.

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Copyright Lately

APRIL 19, 2022

Nation Enterprises boldly proclaimed that the effect of the use upon the potential market for or value of the copyrighted work was “undoubtedly the single most important element of fair use.” But this problem can be avoided so long as judges are discerning about distinguishing between legitimate markets from speculative ones.

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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. Miramax LLC v.

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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. The solution they’re working on is not shared in most cases, so it would be hard to find intent to merge.

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Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed.

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TorrentFreak

OCTOBER 10, 2023

Responding to a request from the Office of the US Trade Representative (USTR), the music group added “AI Vocal Cloning” as a new category in its annual overview of ‘notorious’ piracy markets. Voicify.ai The music group sees vocal cloning websites as a broader problem, but mentions just one service by name; Voicify.ai.

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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.

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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.” Copyright Office, Annual Report of the Register of Copyrights, Fiscal Year Ending September 30, 2008 , at 12–13 (2008). Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

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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. Magazine photos about Prince” is the market in which they compete.

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SpicyIP

OCTOBER 2, 2023

Check the report as well as the India specific chapters linked in the SpicyIP tidbit by Niyati Prabhu. The plaintiff argued that the defendant intentionally imitated their trademark “VBM”, causing market confusion. SpicyIP Tidbit: GII 2023 – India Retains its 40th Rank India ranks 40th in the Global Innovation Index, 2023! Should They?

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Although the general subject matter of the interview may have been outlined in the reporters’ minds prior to their meeting with plaintiff, the actual dialogue, including the unprepared responses of plaintiff, was spontaneous and proceeded in a question and answer format. Nation Enterprises , 723 F.2d 2d 195 (2d Cir. 17 U.S.C. §

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43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.” Perceived endorsement generally: Trump use wasn’t significant.

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43(B)log

AUGUST 11, 2021

Derivative works? Break out reported/unreported for all your analysis to deal w/that. 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. So how would you know?

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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.

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