Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Copyright Lately

SEPTEMBER 12, 2022

In 2020, photographer Carlos Vila took a picture of Russian model Irina Shayk wearing Deadly Doll sweats that incorporated its “Pin-Up Girl” artwork on the right pant leg. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

SpicyIP

OCTOBER 9, 2024

Given this, when the Internet Archive, a non-profit digital library based in the US changed its digital lending policy in 2020, trouble ensued. Other than a brief period in 2020, the Archive maintained a one-to-one ratio of books owned by it in physical copies and made available digitally for users through its free digital library.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

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. So, there is no literal and non-literal copying of a work. A work is always just a creative combination of elements such as words, sounds, shapes or colors. This is pure fiction.

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Copyright Derivative Work Music Copying 138

Velocity of Content

NOVEMBER 25, 2024

It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. ↩︎ See Grokster, 545 U.S. ↩︎ See Daniel J. Gervais, The Machine As Author , 105 Iowa L.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

TorrentFreak

JANUARY 6, 2023

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. In this respect, YouTube says it is entitled to summary judgment on 114 of Schneider’s 381 infringment claims.

Copyright 139

Copyright Licensing Music Publishing 139

Copyright Lately

DECEMBER 24, 2023

The first was to ink an image of Tiger King star Joe Exotic (along with a can of Lysol and a “Quarantine 2020” toilet paper banner) onto her husband’s thigh as part of a gift certificate promotion for the business. Wilson had no difficulty finding that the unauthorized novel infringed the Tolkien works.

Copyright 105

Copyright Copyright Infringement Music Fair Use 105

Intellectual Property Office Blog

JULY 29, 2021

million viewers back in 2020. The specific wording states 'non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content'.

IP 86

IP Branding Brands Branding 86

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).

Blogging 98

Blogging Copying Social Media Copyright 98

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. It is an open legal question whether this would constitute an infringing derivative work.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

JIPEL Copyright Blog

APRIL 28, 2021

In fact, at the very start of lockdown in March and April 2020, Archive of Our Own (AO3), a very popular fanfiction site, found that their weekly site visits had gone up 60% from the same time the previous year. This is not to say that fanfiction is a new phenomenon, however.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

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

JIPL Online

APRIL 9, 2021

277 (2020). [iv] 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? 25, 2020), [link] ; [xxi] Adam Hayes, Cost-Benefit Analysis , Investopedia [link] (last visited Mar. iv] Maxwell L. Stearns, Todd J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

Fair Use 40

Fair Use Copying Publishing Licensing 40

Copyright Lately

OCTOBER 3, 2022

In 2020, Southern District of Illinois judge Staci Yandle issued a key ruling when she denied defendants’ motion for summary judgment and granted Alexander’s motion for partial summary judgment. But first, here’s a quick recap of the trial verdict: How We Got Here. — Gaudzilla (@GaudzillaRX) October 1, 2022.

Fair Use 80

Fair Use Design Designs Licensing 80

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 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

Copyright Lately

NOVEMBER 24, 2024

The lawsuit accusing Miley Cyrus of copying Bruno Mars’s “When I Was Your Man” to create her hit “Flowers” deserves to be dismissed— but not for the reasons laid out in a new motion filed this week by Cyrus and her co-writers. In 2020’s Tresóna Multimedia, LLC v. At least, that’s my take.

Copyright 89

Copyright Music Ownership Licensing 89

43(B)log

SEPTEMBER 7, 2023

A PR rep sent an email to Gannett stating, “I would like to submit Microsoft’s 2020 Super Bowl ad, ‘Be The One,’ featuring Katie Sowers to the USA Today Ad Meter.”

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

LexBlog IP

AUGUST 23, 2023

2020), each step in the process forces a court into a role not unlike the art critic. For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” Newman, 959 F. 3d 1288, 1303 (11th Cir. ’” Id.

Copyright 52

Copyright Art Copying Derivative Work 52

LexBlog IP

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 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

JANUARY 18, 2023

Specifically, this means that acts of reproduction for the purposes of preserving copies of works within the scope of Sections 60e, 60f, 60h UrhG may, from now on, also be made by commercial organisations in the field of cultural heritage.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JULY 21, 2021

75, 79 (2020). Aseri (2020) at 80]. ” Aseri (2020) at 70. ’” Dee (2020) at 119-120. Secrecy Reasons : “Some religions use copyright law to keep their religions secret; some religions do not want to disclose their works to the general public.” World Intellect. Brodsky , 993 F.Supp.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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.

Copyright 131

Copyright Blogging Publishing Fair Use 131

Copyright Lately

MARCH 6, 2023

Coakley’s Certificate of Engagement (from court files) Allegations of On-Set Misconduct Emerge Runt premiered at the Mammoth Film Festival in February 2020 , where the film took home the festival’s Audience Award for Best Feature Film. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Copyright Lately

SEPTEMBER 13, 2024

Trump’s fair use argument fails as the musician wins a copyright battle over the unlicensed use of “Electric Avenue” in a viral video from the 2020 campaign. Koeltl has granted summary judgment in favor of Grant, finding Trump and his 2020 presidential campaign liable for copyright infringement (read the opinion here).

Fair Use 128

Fair Use Copyright Cease and Desist Music 128

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Possibly related to internet adoption. Share of 9 th Circuit opinions also exploded in 2006. Only about 25% of cases assess similarity under prong one, whether striking, substantial, probative, or otherwise.

Trademark 72

Trademark Copyright Branding Brands 72