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. YouTube’s Motion For Summary Judgment.

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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. Human author It is well known that copyright protects products of the human mind (see Feist v.

Copyright 138

Copyright Derivative Work Music Copying 138

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3.

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IP Derivative Work Intellectual Property Art 124

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. We’re nearing the end of December, which means it’s time for Copyright Lately ’s annual worst-of list. When Netflix refused to pay up, Cramer sued for copyright infringement.

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Copyright Copyright Infringement Music Fair Use 115

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

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.

Music 72

Music Copyright Derivative Work Ownership 72

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

MAY 20, 2024

The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after he sampled two seconds of their song “Metall auf Metall” and looped it in Sabrina Setlur’s track “Nur Mir”. Although AG Crúz Villalon argued in his Opinion (para.

Copyright Law 72

Copyright Law Law Copyright Derivative Work 72

The IPKat

JULY 2, 2021

Consider the February 2020 roll-out of the movie “ Emma. First, the copyright basics. Were Austen’s copyright still in effect, the movie would, as a legal matter, be a derivative (or adaptive) work and, as such, permission would have been required to transform the story into cinematic form. By Neil Wilkof.

Derivative Work 72

Derivative Work Copyright Publishing 72

LexBlog IP

JUNE 27, 2022

Firing their first shot on June 6, 2022, Shosh Yonay and Yuval Yonay, heirs of Ehud Yonay, took aim at Paramount by filing a complaint in Federal Court asserting that the movie Top Gun: Maverick , infringes upon a copyrighted story written by Ehud Yonay (“Story”).

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

LexBlog IP

JUNE 27, 2022

Firing their first shot on June 6, 2022, Shosh Yonay and Yuval Yonay, heirs of Ehud Yonay, took aim at Paramount by filing a complaint in Federal Court asserting that the movie Top Gun: Maverick , infringes upon a copyrighted story written by Ehud Yonay (“Story”).

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently.

Moral Rights 72

Moral Rights Copyright Music Art 72

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Factual and Procedural Background. 3d at 1198.

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Registration Blogging Copyright Designs 98

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October. Any feedback is welcome!

Copyright 91

Copyright Derivative Work Copyright Law Law 91

Copyright Lately

FEBRUARY 20, 2022

Nearly a year after a screenwriter’s lawsuit over Disney’s “Muppet Babies” reboot was dismissed, the trustee of Jeffrey Scott’s bankruptcy estate has filed a new complaint alleging copyright infringement in a production bible and scripts from the original series. The Walt Disney Company. Ehrenberg , Ch.

Ownership 89

Ownership Copyright Infringement Contracts Copyright 89

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]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 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

SpicyIP

SEPTEMBER 16, 2024

How Far Can One Claim Rights in the Title of a Film It is a well-established principle that a film title cannot be protected under copyright. According to Section 13 of the Copyright Act, copyright subsists in, among other things, an original literary work. A title does not qualify as a “work” in this context.

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Registration Television Trademark Trademark Law 105

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

Kluwer Copyright Blog

DECEMBER 12, 2023

And like every ‘wave of creative ‘digital’ destruction’, the latest wave of Generative AI, too first knocked on the gates of copyright. Generative AI offers an unprecedented potential to create any kind of work – be it written, audiovisual, or even programming code – upon a mere prompt.

Copyright 81

Copyright Derivative Work Music Designs 81

SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Subject work on which copyright registration was sought. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

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Artwork Registration Artistic Work Derivative Work 59

Intellectual Property Office Blog

JULY 29, 2021

million viewers back in 2020. According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram. Love it or hate it, Love Island has fast become one of the UK’s most watched shows, peaking at 5.9

IP 86

IP Brands Branding Branding 86

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. b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. That $3,750 works out to a measly $71 for each month the case has been pending. What Happened.

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Fair Use Designs Design Licensing 88

43(B)log

FEBRUARY 3, 2023

Rosen, Fog and Fiction and Copyright Term Extension aka Who Framed Mickey Mouse? MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Zahr Said, Shotgun Damages in Copyright Multipliers used to ratchet up damages.

Copyright 45

Copyright Copying Music Fair Use 45

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? Here are the most popular posts over the past few months.

Blogging 52

Blogging Law IP Fair Use 52

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.” In fact, lots is happening. ” Id. Newman, 959 F.

Copyright 52

Copyright Art Copying Derivative Work 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). One is tempted to characterize these plaintiffs as copyright “trolls.” 106(5)] by deliberately “embedding” such HTML code in their own posts.

Blogging 98

Blogging Copying Social Media Copyright 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

LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 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.

Art 52

Art Artwork Intellectual Property Copyright Law 52

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

JIPEL Copyright Blog

MARCH 14, 2022

Bridgerton is the Netflix television sensation that enraptured the United States in late 2020. A derivative work itself, Netflix’s Bridgerton is based on the book series by Julia Quinn , a Regency-era series set between 1813 and 1827. They should acknowledge that there is room for more than just their version of a story.

Music 52

Music Television Content Creation Derivative Work 52

Copyright Lately

NOVEMBER 24, 2024

Miley Cyrus’s new motion to dismiss the “Flowers” lawsuit highlights the Ninth Circuit’s flawed approach to copyright standing for co-owners. The result is a framework that creates impractical outcomes and undermines copyright enforcement—particularly in the music industry, where fractional ownership is the norm.

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Copyright Music Ownership Licensing 98