2012 Derivative Work Fair Use Marketing 
Kluwer Copyright Blog
APRIL 22, 2024
Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. In Spain, NFTs and copyright have recently faced off before the commercial courts of Barcelona.
IP and Legal Filings
JUNE 29, 2024
Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. The Peppy Store & Ors. relied on the case of D.M.
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SpicyIP
JUNE 26, 2024
Fair Dealing under Copyright Law The Copyright Act was amended in 2012 to include an exception to the copyright of authors with respect to accessibility through section 52 (1)(zb). The Treaty represented a significant step towards making books available to everyone in accessible formats such as Braille, audio or large print.
Kluwer Copyright Blog
DECEMBER 12, 2023
From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.
JIPL Online
APRIL 9, 2021
On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 511, 523 (2012).
Patently-O
DECEMBER 11, 2023
Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. On that point, time will tell. Under governing law, that is a judicial function. 4] Authors Guild, Inc.
43(B)log
FEBRUARY 16, 2024
Ushered in sea change in terms of how it was used in art cases. For years, those cases had determined fair use by focusing largely on whether the secondary work was transformative: new meaning or message. Conceptual work is beneath the surface of the work. So: when do “uses” compete?
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