The IPKat

JULY 27, 2021

The US Copyright Office concluded that the logo was a derivative work of the Oscar statuette and did not possess the requisite authorship to sustain a (self-standing) claim to copyright. It was also found that that as a whole, the elements making up the work were “more mechanical and inevitable than creative and original”.

Derivative Work 123

Derivative Work Copyright Registration Designs 123

TorrentFreak

JANUARY 17, 2024

The court considered that the edited video contained a discriminatory message, and in its reasoning referred to the interpretation guidelines provided by the Court of Justice of the European Union.” “Accordingly, an act containing a discriminatory message cannot be considered a permitted parody,” TTVK reports.

Copyright 115

Copyright Derivative Work Fair Use Reporting 115

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. For works published before 1978, that is 95 years after publication meaning that works from 1926 expired into the public domain at the start of the year. They are free of copyright.

Public Domain 191

Public Domain Music Derivative Work Licensing 191

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. Barrie conceives of the character and refers to him in newly-written poems.

Derivative Work 104

Derivative Work Public Domain Copyright Fair Use 104

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

43(B)log

FEBRUARY 16, 2022

For example, Apple did not attempt to explain how slowing down the execution of its code using CORSEC created an infringing derivative work or unauthorized copy, any more than slowing down video playback would. 101 (derivative works “represent an original work of authorship”); L. Lewis Galoob Toys, Inc.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Potential role of three-step test (Berne 9(2)/TRIPS 13) 2. For reproduction: traditional analysis b. Can the machine be an author? Doesn’t protect style E.

IP 120

IP Derivative Work Intellectual Property Art 120

Plagiarism Today

AUGUST 29, 2022

To that end, most have adopted an “author pays” system, where the author(s) pay for an article processing charge (APC), commonly referred to as a publication fee. In short, by changing who pays for the publication, Open Access journals make work available to everyone. Open access journals have to find some way to recoup those costs.

Journalism 219

Journalism Derivative Work Publishing Licensing 219

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’.”

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

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

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

The IPKat

JULY 2, 2021

For the “All-In” class, their cinematic expectations are framed wholly by reference to the underlying novel. Even if so, for the “All-In” group, the movie, as a derivative work, remains tethered to the literary work. view) such derivative works. How different it is with the “Well, Maybe” class.

Derivative Work 70

Derivative Work Copyright Publishing 70

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 22, 2023

” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.” Photographer Lynn Goldsmith photographed Prince for Newsweek , when the now-iconic musician was still only an “up and comer.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

TorrentFreak

MAY 11, 2023

’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. had no permission from Bungie, that amounts to an unauthorized derivative work. In common with other lawsuits against cheaters, Bungie says that L.L.’s Bungie says that each time L.L. ’s license.

Derivative Work 123

Derivative Work Contracts Copyright Infringement Licensing 123

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.,

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

Plagiarism Today

SEPTEMBER 28, 2022

Gibson, the creator of The Shadow, referred to Batman as a “clowned-up version of The Shadow.”. Though the Copyright Act of 1909 did protect derivative works, the doctrine of invisibility made it so that you needed the “copyright proprietor”, or the owner of the entire copyright, to file the lawsuit.

Plagiarism 191

Plagiarism Copying Publishing Derivative Work 191

TorrentFreak

SEPTEMBER 28, 2023

To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. In that case, the court rejected the fair use argument and referred the matter to trial. .” Given that, OpenAI’s arguments regarding fair use are wholly misplaced.

Fair Use 95

Fair Use Copyright Copyright Infringement Derivative Work 95

LexBlog IP

MAY 19, 2023

.” The Court noted that the “bundle of exclusive rights” granted to a copyright holder includes rights to produce “derivative works.” ” Justice Kagan dissented (joined by Chief Justice Roberts) beginning with: “Today, the Court declares that Andy Warhol’s eye-popping silkscreen of Prince.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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

Kluwer Copyright Blog

JUNE 16, 2021

The defendants argued that such term refers to both the elements taken from the song ‘I Lived’ and the ‘Arty Elements’, i.e. the composition that underlies the remix. Absent either of these, they will likely be unable to invoke any copyright over their derivative works under US copyright law. by Tito Rendas. €

Music 98

Music Copyright Law Copyright Law 98

LexBlog IP

SEPTEMBER 28, 2023

They argued that Plaintiffs have not explained how ChatGPT’s outputs are substantially similar to Plaintiffs’ works. It is not enough for the output to merely be “based upon” another work, Open AI argued.

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

The IPKat

JANUARY 5, 2023

In 2018, the Court of Appeal ruled that Zorro is a protected fictional character and its alleged parody in the advertisement would be prohibited given that: Italy did not expressly transpose Article 5(3)(k) when it implemented the InfoSoc Directive into its legal system; and A parody requires in any case a creative re-elaboration of an earlier work.

Copyright 138

Copyright Law Advertising Advertising 138

Kluwer Copyright Blog

MAY 9, 2022

Vanity Fair contacted Lynn Goldsmith’s licensing agency in search of a photograph of that performer to serve as an artist reference. Vanity Fair then commissioned Andy Warhol to prepare an art work of Prince to accompany the article and supplied him with the Goldsmith photograph as a source material.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

Copyright Lately

AUGUST 14, 2023

Seizing on the new Supreme Court decision, Sedlik argues that “ Warhol clarified that photographers routinely license their creative works to serve as reference for other artists, and that such artists’ reference licenses are how photographers make their living.”

Fair Use 87

Fair Use Social Media Licensing Marketing 87

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. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc., million damages award in Bungie’s favor didn’t mark the end of the lawsuit. .”

Derivative Work 128

Derivative Work Copyright Litigation Privacy 128

TorrentFreak

SEPTEMBER 7, 2021

However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. Fair Use Defenses.

Copyright 113

Copyright Fair Use Copyright Infringement Copying 113

The IPKat

SEPTEMBER 24, 2023

The problem is not human, but the work In fact, the whole issue is not about a person, but about a work. Just as when two painters, setting up their easels in the same place and painting the same landscape, create two independent works (p. 17) However, even the drafters of the Convention were not able to fully reflect this.

Copyright 138

Copyright Derivative Work Music Copying 138

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.). Example workflow diagram by artist duo Hyper Music.

Music 67

Music Copyright Derivative Work Ownership 67

IP and Legal Filings

OCTOBER 8, 2023

It was also held in this case that in the case of a work inspired by already existing works, the new or ‘derivative work’ should be considerably different from the existing works. It is a combination of the US concept of “modicum of creativity” and the British concept of “doctrine of the sweat of the brow”.

Copyright 99

Copyright Artistic Work Copyright Law Art 99

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Plagiarism Today

DECEMBER 1, 2021

Mr. Beast makes it abundantly clear at multiple points in the video that his work is based on Squid Game , and he repeatedly references the show throughout. The source of the work was very heavily cited throughout. For those trying to create original works, it raises the question: Why bother? Why Bother?

Plagiarism 235

Plagiarism Derivative Work Copying Licensing 235

Kluwer Copyright Blog

DECEMBER 12, 2023

Photo by Markus Spiske on Unsplash In his classic work, ‘Capitalism, Socialism and Democracy’, Josef Schumpeter referred to the ‘waves of creative destruction’ to describe how monopoly rents incentivise entrepreneurs to take risk and innovate. To facilitate the process of TDM, data is the key.

Copyright 78

Copyright Derivative Work Music Designs 78

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.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

IPilogue

NOVEMBER 16, 2022

In this case , the Supreme Court was invited to assess whether a work was “transformative” when it conveys a different meaning or message from its source material, or whether, in cases where the accused work “recognizably derives” from its source material, judges are forbidden from deriving or considering such meanings.

Fair Use 59

Fair Use Derivative Work Copyright Copyright Law 59