Kluwer Copyright Blog

APRIL 22, 2022

Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs. The study covers practices of for-profit AI-powered online music creation services (e.g., Copyright protection and authorship of AI music outputs.

Music 70

Music Copyright Derivative Work Ownership 70

Copyright Lately

MAY 1, 2023

The world’s largest record company says it has a clear view of the legal landscape surrounding AI-generated music. If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. The reality is more complicated.

Music 87

Music Copyright Copying Copyright Law 87

Kluwer Copyright Blog

JUNE 16, 2021

Marshmello, an American electronic music producer and DJ, won the case as Judge Philip S. Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014.

Music 98

Music Copyright Law Copyright Law 98

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. The lawsuit was filed by SoundExchange after an audit alleged that Music Choice, which relies on a statutory license for the music it uses, had underpaid the royalties it owes. They are free of copyright.

Public Domain 193

Public Domain Music Derivative Work Licensing 193

IP Watchdog

OCTOBER 26, 2022

Copyright Office issued a notice of proposed rulemaking (NPRM) in the Federal Register to clarify the application of the derivative works exception to copyright termination rights within the context of blanket licenses administered under the Music Modernization Act (MMA).

Licensing 59

Licensing Derivative Work Copyright Music 59

TorrentFreak

JANUARY 17, 2024

Acuff-Rose Music, Inc. Still, some believed 2 Live Crew’s music shouldn’t have been on sale at all. With parody status unavailable, the content posted to Twitter was confirmed as an unauthorized derivative work, distributed by Lokka, in breach of copyright. Campbell v.

Copyright 115

Copyright Derivative Work Fair Use Reporting 115

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. AI-generated music has also taken music platforms such as Spotify by storm. Did the track infringe Bad Bunny's rights?

Music 73

Music Social Media Copying Derivative Work 73

Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. You’d be wrong. 17 U.S.C. §

Derivative Work 108

Derivative Work Art Copying Fair Use 108

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

JIPEL Copyright Blog

MARCH 14, 2022

A derivative work itself, Netflix’s Bridgerton is based on the book series by Julia Quinn , a Regency-era series set between 1813 and 1827. Together, they explored the concept: What if Bridgerton was a musical ? bridgertonmusical Welcome to Bridgerton the Musical: the TikTok account!

Music 52

Music Television Content Creation Derivative Work 52

IPilogue

SEPTEMBER 13, 2022

However, one musical duo exceeded the fan-generated content standards. They later released a 15-song album based on the show’s characters and storylines, entitled “The Unofficial Bridgerton Musical.” This year, their album won a Grammy for “Best Musical Theatre Album?” Standing ovation for @abigailbarlow…”.

Social Media 105

Social Media Music Intellectual Property Content Creation 105

Copyright Lately

AUGUST 2, 2022

But this time, Netflix is the one doing the suing, and it’s targeting the creators of “ The Unofficial Bridgerton Musical ” with what I’ll call “The Official Bridgerton Musical Copyright Infringement Lawsuit” (read here). Okay, But What if Bridgerton Was a Musical?

Music 105

Music Derivative Work Fair Use Cease and Desist 105

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. This would make herself a right holder to her music again, in control over where and how it was being used.

Moral Rights 70

Moral Rights Copyright Music Art 70

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

McBayer IP Blog

APRIL 15, 2022

More > Tags: Copyright , copyright license , Intellectual Property , music copyright. Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 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

Dear Rich IP Blog

FEBRUARY 21, 2024

He says that he should be given credit and a portion of the music publishing income. Is the new song a derivative work? Your former collaborator may argue that your new song is a derivative of your earlier collaboration. He's threatened to get a lawyer. I don't want this to mess up my record release.

Derivative Work 52

Derivative Work Confidentiality Music Settlement 52

Plagiarism Today

NOVEMBER 9, 2022

However, publishing companies had been continuing to collect royalties on behalf of songwriters even after the rights were reclaimed due to the law saying that publishers can continue licensing any existing derivative works. the developers of a handheld music device named the Stem Player, which the track was featured on.

Derivative Work 163

Derivative Work Licensing Copyright Plagiarism 163

LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

Artwork 52

Artwork Derivative Work Copyright Editing 52

IPilogue

MAY 26, 2022

Music, Def Jam Recordings and Universal Music Group. Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

The IP Law Blog

MARCH 14, 2024

The Court noted that the Copyright Act “grants the copyright holder exclusive rights to (1) `reproduce the copyrighted work and copies;’ (2) `prepare derivative works;’ and (3) `distribute copies of the copyrighted work to the public’.” East Coast Foods, Inc.,

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

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. Acuff-Rose Music, Inc., 569, 579 (1994)) that will clearly be fair use.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

TorrentFreak

SEPTEMBER 9, 2021

” The music companies disagreed. In its filing, Cox points out that the music companies want a “notice and terminate” scheme to boot persistent pirates off the Internet. On top of that, it notes that the $223 million damages for derivative works should not have been granted. Landmark Case.

Music 134

Music Copyright Infringement Derivative Work Copyright 134

LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

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. .”

Fair Use 52

Fair Use Art Licensing Derivative Work 52

TorrentFreak

JANUARY 6, 2023

Schneider’s first amended complaint alleged that YouTube and its users infringed her copyrighted musical compositions and sound recordings, and that YouTube facilitated infringement by removing copyright management information (CMI) from her copyright works, in violation of the DMCA. YouTube’s Motion For Summary Judgment.

Copyright 112

Copyright Music Licensing Publishing 112

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

JIPL Online

MARCH 15, 2021

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. 9] Both parties reached an amicable settlement. [10] 11] The case has also been settled. [12] 21, 2020), [link]. [3]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

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. Acuff-Rose Music, Inc.,

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

The IPKat

SEPTEMBER 24, 2023

"The writer conceives the plan of his work and then makes it known; it is this expression which gives rise to copyright." The painter makes his own brush marks," while in music "sounds replace the lines and colour." So, there is no literal and non-literal copying of a work. This is pure fiction.

Copyright 138

Copyright Derivative Work Music Copying 138

IP and Legal Filings

DECEMBER 14, 2021

In the present case, the dispute was with regards to contemporary artist Andy Warhol’s 1984 images of musical artist Prince and Photographer Lynn Goldsmith’s 1981 photograph of the music legend. This overturns a 2019 decision of the United States District Court for the Southern District of New York. Image Source: gettyimages].

Fair Use 52

Fair Use Music Derivative Work Copyright 52

LexBlog IP

MARCH 14, 2024

” To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.” The Court began by noting that “while it may be unlawful to recreate another’s work (e.g., East Coast Foods, Inc.,

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

APRIL 23, 2023

Derivative Works and AI-Generated Material A. Permission from original copyright holders If a work incorporates AI-generated material based on pre-existing copyrighted content, the creator must obtain permission from the original copyright holder(s) to use the material. Examples of AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

The IP Law Blog

JULY 6, 2023

Prior to this case, the focus has been on the transformative nature of the work itself. in other words, whether and to what extent the new work is transformative.” The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Patently-O

SEPTEMBER 1, 2023

A core inquiry is whether original works that would ordinarily be copyrightable should be denied unless a human author is identified. Generative AI models produce outputs like text, art, music, and video that appear highly creative and would certainly meet copyright’s originality standard if created by natural people.

Copyright 122

Copyright Copying Derivative Work Licensing 122

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. 569 (1994).

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45