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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. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

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.

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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] 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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IP matters.to Love Island

Intellectual Property Office Blog

million viewers back in 2020. A huge chunk of Molly Mae’s success comes from social media channel Instagram, where she is reported to charge over £10,000 for each sponsored post. Love it or hate it, Love Island has fast become one of the UK’s most watched shows, peaking at 5.9

IP 86
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Bankruptcy Trustee Sues Over “Muppet Babies” Reboot

Copyright Lately

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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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
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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?