Copyright Lately

MAY 22, 2023

In an aside that no doubt made the MPAA smile, the Court also confirmed that unauthorized derivative works like book-to-film adaptations won’t pass muster under the first fair use inquiry merely because they have a different aesthetic than the works they borrow. The Second Circuit’s 2013 opinion in Cariou v.

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Copyright Lately

OCTOBER 25, 2021

“The Conjuring” (2013). In a ruling reminiscent of a case I’ve previously discussed involving “Sherlock Holmes,” the court held that any copyrights Harvey still held in its later derivative works couldn’t be used to enlarge the scope of protection for works already in the public domain.

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SpicyIP

JUNE 26, 2024

Notably, WIPO had adopted the Marrakesh Treaty in 2013 to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.

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IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. It was written with a distinct style and message.

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Copyright Lately

OCTOBER 3, 2022

Artists typically don’t register copyrights in their tattoos, and they almost never file lawsuits when their works are reproduced as they appear on clients’ bodies. ” Among those limited exceptions are situations in which a tattoo design is used as a work disconnected from the body on which it appears.

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43(B)log

FEBRUARY 4, 2023

Sarah Louise Bishop, Scenes a Faire, Novelty, and Genre Before 2013, no court of appeals affirmed use of scene a faire on motion to dismiss, and since then it’s happened a fair amount: 45% in last 5 years. Feist: won’t find much in free to play, which is really about antipiracy/controlling entry. Should that be possible?

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Technology & Marketing Law Blog

MARCH 7, 2022

Before the 1909 Act, the author was required to register the title of the work before publication, as a condition of receiving copyright protection. Accordingly, they have concluded that referral ordinarily should be made only after a prima facie case of knowledge and falsity has been demonstrated. See, e.g. , DeliverMed Holdings, LLC v.

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LexBlog IP

JULY 21, 2021

To avoid these issues, religious groups can implement copyright law to prevent all impermissible copying and distribution of the religious works and any derivative works, and therefore maintaining their doctrinal purity. ” Id. at 138-139. 66 (2012), and Association for Molecular Pathology v Myriad Genetics, Inc.,

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Patently-O

OCTOBER 11, 2022

The district court particularly compared the works “side-by-side” and concluded that Warhol’s creation had a “different character, a new expression, and employs new aesthetics with [distinct] creative and communicative results.” The Copyright Act promises the original creator some amount of control over similar and follow-on works.

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LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

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Dear Rich IP Blog

NOVEMBER 29, 2024

Additionally, does the public domain status of Casino Royale allow me to use the book title and the character of James Bond in derivative works, such as films? You can't sell, manufacture, create derivatives, or distribute James Bond works in countries with life + 70 years duration. However, in countries like the U.S.,

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