The IPKat

JUNE 27, 2022

Moreover, between May and July 2021, Yuga Labs filed trade mark applications before the United States Patent and Trademark Office (still pending at the time of writing) for several marks, including BORED APED YACHT CLUB and BAYC. Yuga Labs, therefore, still owns the copyright in each NFT. Ether (USD 1+ million).

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. 1183 (2021).

Fair Use 97

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TorrentFreak

AUGUST 13, 2022

In August 2021, game developer Bungie filed a flurry of lawsuits in the United States against entities accused of offering cheats for Destiny 2. In September 2021, the court gave Bungie permission to serve Bansal using email and by posting a link to the summons and complaint on the Lavicheats forum. Discovery Process Begins.

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Derivative Work Copyright Infringement Copyright Copying 76

The IPKat

SEPTEMBER 24, 2023

So, there is no literal and non-literal copying of a work. A work is always just a creative combination of elements such as words, sounds, shapes or colors. Therefore, this is not about the content of the work, only how it was expressed. 2021/41/N/HS5/02726. This is pure fiction.

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Copyright Derivative Work Music Copying 138

Copyright Lately

AUGUST 2, 2022

Produced by Shonda Rhimes’ Shondaland and based on the novels by Julia Quinn, Bridgerton was seen by a then-record 82 million households when the first season premiered on Netflix in early 2021. Fast forward to September 2021 when “The Unofficial Bridgerton Musical” became the top album on iTunes’ U.S.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

IPilogue

MAY 26, 2022

The allegedly infringing sample is used on “Come to Life”, a song featured on his 2021 album “Donda”. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. Moten sought damages from West and co-defendants, G.O.O.D

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Fair Use Copyright Infringement Copyright Music 111

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

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Blogging Copying Social Media Copyright 96

LexBlog IP

MAY 5, 2022

During the spring 2021 semester, he taught Business 215 to remote students. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

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Copyright Law Copyright Law Copyright Infringement 52

JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

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LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 16] On December 9, 2021, the Foundation asked the U.S. Many derivative works.

Fair Use 52

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TorrentFreak

SEPTEMBER 7, 2021

. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. They also believe that any unauthorized access to the broadcast (“bad faith”) should not affect a finding in favor of fair use.

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Copyright Fair Use Copyright Infringement Copying 115

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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Fair Use Derivative Work Blogging Licensing 96

IP Intelligence

JUNE 7, 2023

1183 (2021). But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 11 F.4th 4th 26, 42 (2d Cir. See Google LLC.

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Fair Use Licensing Music Art 105

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? [vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J. Matalon, Modern Problems Require Modern Solutions: Internet Memes and Copyright , 98 Tex. Minc Law (Sept.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Want to Create New Derivative Works?

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

LexBlog IP

JUNE 5, 2023

In a narrower sense, a use may be justified because copying is reasonably necessary to achieve the user’s new purpose.” “Such licenses, for photographs or derivatives of them, are how photographers like Goldsmith make a living. 4th 26, 32 (2021). ” Id. ” Id. Syllabus) at 4. . ” Slip Op.,

Fair Use 52

Fair Use Derivative Work Art Licensing 52

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

LexBlog IP

JUNE 7, 2023

1183 (2021). But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. ” Andy Warhol Foundation for Visual Arts, Inc. ” Andy Warhol Foundation for Visual Arts, Inc.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

1183 (2021). But AI models are not interested in any work qua work, but rather they need a massive collection of as many works as possible to get at the patterns lurking within the vast combination of works. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 11 F.4th 4th 26, 42 (2d Cir. See Google LLC.

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Patently-O

DECEMBER 11, 2023

so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. The FTC Comments do not explicitly refer to or analyze the substantial body of court decisions holding that a range of non-expressive uses of copyrighted works are fair uses.

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Copyright Fair Use Copyright Law Copyright Infringement 95

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. ” Wait, what?

Licensing 90

Licensing Copyright Contracts Advertising 90

The IPKat

JUNE 7, 2022

It subsequently became a global success, topping the charts in 26 countries, with an estimated sales of over 16 million copies worldwide. The song is certified Diamond by RIAA, denoting sales of 10 million copies in the United States, becoming the first and only holiday song to accomplish this feat.

Copyright Infringement 144

Copyright Infringement Copyright Copying Music 144

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 81

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021. As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here.

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Copyright Cinema Copying Copyright Infringement 144

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. It is an open legal question whether this would constitute an infringing derivative work. Players, for most of the game’s competitive existence, have played in person.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

LexBlog IP

JUNE 7, 2023

In collaboration with OpenAI, GitHub released an artificial intelligence-based offering in 2021 called Copilot, which is powered by OpenAI’s generative AI model, Codex. GitHub, acquired by Microsoft in 2018, is an online repository used by software developers for storing and sharing software projects.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). The proposal for this new regulation was presented in April 2021.

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Copyright Copyright Law Fair Use Law 136

LexBlog IP

JULY 21, 2021

As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. 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.” ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Copyright Lately

MARCH 6, 2023

Cameron Boyce and Nicole Berger ( Runt ) As the parties negotiated in mid-2021, Virtuoso says Coakley demanded $1,375,000 to fund a pilot for one of his other projects, allegedly threatening to take actions that would be “harmful to the commercial success of Runt ” if his demand wasn’t met. LFP , Inc. ,

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

FEBRUARY 13, 2023

. §202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form. A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C.

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