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Other Barks & Bites for Friday, July 21: Second Circuit Says Derivative Works Can Cover Unregistered Material, Surrey Hotel Trademark Not Conveyed by Sale, and 9,000+ Authors Ask for Generative AI Compensation

IP Watchdog

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India

SpicyIP

Subject work on which copyright registration was sought. The Copyright Office had earlier refused registration for the artwork for lack of human authorship necessary to support a copyright claim. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

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Two Gotchas: Derivative Work Denied Copyright Registration; Insufficient Proof of Non-Use in Trademark Cancellation Action

CoCal IP Law Institute

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment.

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Golden Globe statuette 2018 denied copyright protection in the US

The IPKat

Long time readers of the IPKat may remember a while back, when the Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. 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.

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Judge Recommends Approving “New” Phanatic Mascot Despite Termination

Copyright Lately

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

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This Week At The Ninth: Price Discrimination and Copyright

JD Supra Law

This week, the Court considers the requirements of the Robinson-Patman Price Discrimination Act and whether copyright registration of a derivative work registers elements of the work derived from an earlier, unregistered work. By: Morrison & Foerster LLP - Left Coast Appeals

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9th Circ. Strikes Software Co.'s Win In Copyright Case

IP Law 360

The Ninth Circuit ruled Monday that copyright registration of a derivative work covers elements shared by earlier unregistered versions, recognizing a management consultant's right to sue a software company for allegedly copying both iterations of a teaching tool she claims to have created.