SpicyIP

JUNE 26, 2024

Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Views expressed here are those of the authors’ alone.

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IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Goldsmith et al, Case No.

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Fair Use Derivative Work Copying Licensing 57

Copyright Lately

OCTOBER 25, 2021

In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. In 2016, author Gerald Brittle alleged that the Warner Bros.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

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LexBlog IP

JUNE 5, 2023

The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. Goldsmith did not know about the Prince Series until 2016, when she saw Orange Prince on the cover of Condé Nast’s magazine. ” Id. ” Id.

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Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” Warhol used it to create the other Prince Series works.

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Fair Use Licensing Copying Artwork 96

LexBlog IP

FEBRUARY 28, 2022

But unbeknownst to Goldsmith, he also created fifteen additional works (including silkscreen prints and pencil drawings) using the Prince Photograph for his own artistic purposes. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

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Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

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Blogging Copying Social Media Copyright 98

LexBlog IP

MAY 19, 2023

The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use. ” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose. of a commercial nature. .”

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Fair Use Derivative Work Licensing Copyright Infringement 40

Kluwer Copyright Blog

AUGUST 7, 2023

In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 90

Music Copyright Copying Copyright Law 90

LexBlog IP

MAY 19, 2023

However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.” This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .”

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Licensing Fair Use Copyright Derivative Work 52

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 45

Copyright Copying Music Fair Use 45

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works.

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LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 52

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 139 (2016). [ix] [vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J. Memetic Marketing in the Digital Age , 7 Geo. Int’l Com.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Many derivative works.

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Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

MAY 31, 2023

In addition to the work commissioned by Vanity Fair, Warhol made 15 other works based on Goldsmith’s photograph (known as the “Prince Series”). Goldsmith was unaware of these additional works.

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Fair Use Licensing Copyright Editing 52

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Second, the number of copies/downloads/users/seat licenses model simply does not work in the AI training context. ” (S. Damle introductory statement, Tr.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works.

Fair Use 40

Fair Use Licensing Art Music 40

LexBlog IP

JULY 21, 2021

” That is because religion is big business, as the Washington Post noted in detailing a 2016 empirical study on the socio-economic contribution of religion to American society. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. places the value of faith to U.S. society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Possibly related to internet adoption.

Trademark 72

Trademark Copyright Brands Branding 72

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). 202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form. complaint filed Jan.

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Copyright Blogging Publishing Fair Use 131