Remove 2020 Remove Copyright Law Remove Derivative Work Remove Social Media
article thumbnail

Judge Recommends Approving “New” Phanatic Mascot Despite Termination

Copyright Lately

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

article thumbnail

Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Rather than simply defend (or settle) Vila’s copyright claim, Deadly Doll filed a counterclaim, asserting that Vila was the true infringer.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

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 109
article thumbnail

AN ARGUMENT FOR EMBRACING THE LEGALITY OF CROWDFUNDED GAME MODS

JIPL Online

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]

article thumbnail

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

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). How are photographers supposed to get the attention of those publishers without displaying samples of their work?

article thumbnail

IP Protection of NFTs: A Comparative Look at the US and China

LexBlog IP

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
article thumbnail

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

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.