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.

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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. This license only ends when the image is deleted from the platform.

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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.

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JIPL Online

APRIL 9, 2021

[x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme. 277 (2020). [iv]

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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] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivative works based upon a previously copyrighted work. [11]

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LexBlog IP

JUNE 27, 2022

Shosh and Yuval assert further that in January of 2018, they notified Paramount of their election to terminate those rights as of January of 2020. In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. 17 U.S.C. §

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LexBlog IP

JUNE 27, 2022

Shosh and Yuval assert further that in January of 2018, they notified Paramount of their election to terminate those rights as of January of 2020. In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. 17 U.S.C. §

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Copyright Lately

FEBRUARY 20, 2022

Back in October 2020, I wrote about a copyright infringement case filed by Jeffrey Scott against the Walt Disney Company. As for the co-ownership claims (which weren’t alleged in Scott’s original lawsuit), they’re premised on the theory that Scott had the “exclusive right” to produce derivative works of his bible and scripts.

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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.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

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.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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. What Happened. But first, here’s a quick recap of the trial verdict: How We Got Here.

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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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Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.

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Copyright Derivative Work Music Designs 81

Kluwer Copyright Blog

JULY 16, 2023

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.” by Pamela Samuelson “In March 2022 the U.S.

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43(B)log

SEPTEMBER 7, 2023

The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark. 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.”

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

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IIPRD

APRIL 8, 2024

CAN is a technology developed by computer scientists and art historians, it is made in a way that it uses input of pieces of original art and works of people which could date back couple centuries to the most recent ones, by using such inputs it then creates a novel piece which could pass off as that of a human artwork. [1] 152 (2020).

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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.

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IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). An exemption provision on the use of unavailable works was introduced into the German Copyright Act. d) Caricature, parody and pastiche.

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43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. E.g., these images were good, so you should apply a quality multiplier; scarce, so you should apply a scarcity multiplier to the standard quoted rate; also P didn’t want to license them so should get an exclusivity multiplier. 3) “So what?”

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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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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). The Falwell court was on solid ground in denying relief on the grounds of an implied license. complaint filed Jan.

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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).

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The IP Law Blog

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. According to the Copyright compendium, the authors of a joint work jointly owns the copyright in each other’s contribution. So there’s no stories coming out, okay.

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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. According to the Copyright compendium, the authors of a joint work jointly owns the copyright in each other’s contribution. So there’s no stories coming out, okay.

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