Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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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?

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IP Ownership Non-Fungible Tokens Copyright Law 109

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. Copyright Law: Infringement Standards.

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Copyright Licensing Music Publishing 139

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. The problem is not human, but the work In fact, the whole issue is not about a person, but about a work.

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Copyright Derivative Work Music Copying 138

The IPKat

SEPTEMBER 14, 2023

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the – so to speak – derived work.’

Copyright 91

Copyright Derivative Work Copyright Law Law 91

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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Music Copyright Derivative Work Ownership 72

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

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Derivative Work Cease and Desist Blogging Litigation 59

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.

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Derivative Work Fair Use Copyright Marketing 45

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. 277 (2020). [iv] Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] Minc Law (Sept. iv] Maxwell L.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IPKat

MARCH 22, 2024

The role of US copyright law and economic rights As a signatory to the WPPT , the US grants performers economic rights to performances which are fixed in a sound recording. After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art.

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Moral Rights Copyright Music Art 72

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

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").

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Fair Use Copying Publishing Licensing 40

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

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Blogging Law IP Fair Use 52

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2020, BuzzFeed “embedded” one of Hunley’s Instagram posts, featuring one of her photos of a Black Lives Matter protest, in its entirety (again, preserving her username, caption, and hashtags). Ultimately, the problem is that copyright law compensates photographers and other copyright owners through a model of artificial scarcity.

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Blogging Copying Social Media Copyright 98

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

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Copyright Related Rights Copyright Law Publishing 52

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. Bodily Autonomy.

Fair Use 88

Fair Use Designs Design Licensing 88

LexBlog IP

JULY 21, 2021

75, 79 (2020). Aseri (2020) at 80]. ” Aseri (2020) at 70. ’” Dee (2020) at 119-120. copyright law. 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.”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MARCH 7, 2022

“Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” Inaccurate information in a registration is therefore equally (or more) likely to arise from a mistake of law as a mistake of fact. 3d 1194 , 1196 (9th Cir.

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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Newman, 959 F. 3d 1288, 1303 (11th Cir. ’” Id.

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Copyright Art Copying Derivative Work 52

SpicyIP

APRIL 5, 2025

It hasnt just resulted in legal action against him and disproportionate violence in the Habitat Centre in Mumbai by the political parties he offended , but also copyright strikes. This post explores the can of worms that Kamras special came with, where copyright law, free speech, and political satire collide. In RG Anand v.

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Copyright Copyright Law Copying Reporting 69

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.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Copyright Lately

NOVEMBER 24, 2024

How Copyright Law Handles Co-Ownership While it’s true that one co-owner can’t transfer the exclusive rights of another co-owner, the Copyright Act of 1976 made copyrights divisible, transforming copyright ownership into a bundle of discrete exclusive rights that can be independently owned, licensed, or transferred.

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Copyright Music Ownership Licensing 98

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Wagging Tails contends that these materials are “unauthorized and infringing derivative works” based on its motion picture. Virtuoso later transferred its rights in Runt to Wagging Tails.

Copyright 87

Copyright Derivative Work Fair Use Social Media 87

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” 1498, 1509-10 (2020). ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” H.R. Public.Resource.Org, 140 S.

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Ownership Copyright Government Intellectual Property 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). Complaint ¶ 64] In the alternative, Trump pleads that he owns the copyright only in his responses to Woodward’s questions.

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Copyright Blogging Publishing Fair Use 131

The IP Law Blog

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. Reid , “an author is the party who actually creates the work, that is, the person who translates an idea into a fixed, tangible expression entitled to copyright protection.” So there’s no stories coming out, okay.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. Reid , “an author is the party who actually creates the work, that is, the person who translates an idea into a fixed, tangible expression entitled to copyright protection.” So there’s no stories coming out, okay.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52