Intellectual Property Law Blog

JUNE 5, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. 5] Following the Supreme Court’s decision in 2021 in Google LLC v.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. In July, Triller filed its second amended complaint which added Teddy Fresh Inc.

Copyright 136

Copyright Fair Use Copyright Infringement Copying 136

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. During the spring 2021 semester, he taught Business 215 to remote students. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. As part of that course, Prof.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!”

Music 109

Music Derivative Work Fair Use Cease and Desist 109

Kluwer Copyright Blog

MAY 9, 2022

2021) (available here ); “Warhol Print” also available here. 2021) (available here ). have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. 2021) (hereinafter: Goldsmith ). 1183 (2021).

Fair Use 100

Fair Use Derivative Work Art Licensing 100

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.

Derivative Work 98

Derivative Work Copyright Infringement Copyright Copying 98

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] Goldsmith counterclaimed for copyright infringement. On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

JUNE 20, 2023

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”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

TorrentFreak

JULY 14, 2024

However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.

Copyright 124

Copyright Licensing Fair Use Derivative Work 124

BYU Copyright Blog

SEPTEMBER 20, 2021

On September 6, 2021, a group of six academics (collectively the "Professors") brought suit against their former employer, D'Youville College and its partners JBCN Education, Inc. These uses have purportedly included violations of rights of reproduction, distribution, display, and preparation of derivative works.

Derivative Work 72

Derivative Work Privacy Copyright Infringement Registration 72

IPilogue

SEPTEMBER 13, 2022

In September 2021, songwriters Abigail Barlow and Emily Bear (or “Bear and Barlow” ) went viral on TikTok for their self-composed Bridgerton songs. Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP.

Social Media 104

Social Media Music Intellectual Property Content Creation 104

IP and Legal Filings

JANUARY 23, 2023

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. One such area where copyright violations are common is the internet. Chinlund, WHAT ARE THE COPYRIGHT IMPLICATIONS OF NFTS?

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

BYU Copyright Blog

DECEMBER 5, 2022

Obtego agreed that they would not permit third parties to use the software and that any derivative works based on the software would belong to Alabama.After leaving Alabama, Heydari started to work with Obtego. We will continue with updates on this case when they become available.

Derivative Work 52

Derivative Work Ownership Copyright Infringement Licensing 52

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. Does the Bankruptcy Trustee Have a Case?

Ownership 87

Ownership Copyright Infringement Contracts Copyright 87

The IPKat

JUNE 27, 2022

Yuga Labs, therefore, still owns the copyright in each NFT. 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.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

BYU Copyright Blog

MAY 24, 2022

Sometime after this, Pepperdine allegedly took the Photo without authorization, cropped it, and used it as the cover of "The Orange Book: 2021 Academic Planning Guide" (the "Guide") a publication of the Pepperdine Caruso School of Law.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. But that doesn’t seem particularly relevant, because the derivative works at issue are actually the screenplay scans, not the NFTs. The breathless media reports soon followed.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

Velocity of Content

AUGUST 9, 2022

Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed. She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit.

Fair Use 98

Fair Use Licensing Derivative Work Art 98

BYU Copyright Blog

MAY 20, 2024

Not Past the Post Yet Commercial Educational Materials,University May 20, 10:08 AM May 20, 10:07 AM In October 2021, we first published a blog post on a case filed by Post University against Course Hero.

Derivative Work 52

Derivative Work Copyright Notice Settlement Ownership 52

Patently-O

DECEMBER 11, 2023

45, to bring enforcement actions aimed at activities, including those involving the training and use of AI, that might involve copyright infringement—although we would note that the copyright consequences of AI are, as yet, undefined. Copyright Off., That is far too hasty. 305 (2023) (available at [link] ) [7] Id. [8]

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? It’s Halloween time again! The bad news? But no need to worry if you find yourself stuck at home.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

LexBlog IP

JUNE 5, 2023

Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. During the spring 2021 semester, he taught Business 215 to remote students. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. As part of that course, Prof.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

LexBlog IP

JUNE 5, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

Fair Use 91

Fair Use Social Media Licensing Marketing 91

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Derivative works under French copyright law. A composite work is therefore a derivative work, i.e. simple incorporations (e.g.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

JIPEL Copyright Blog

MARCH 21, 2022

It is therefore possible that TOs would be liable for some form of secondary liability of copyright infringement. It is an open legal question whether this would constitute an infringing derivative work. The second issue comes from Slippi itself.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Brands 52

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

SpicyIP

JUNE 26, 2024

Under the current copyright framework, although fair use permits the creation of accessible copies, authors and publishers remain cautious due to concerns about potential copyright infringement. However, it’s important to note that technological measures like DRMs can effectively manage distribution.

Copyright 81

Copyright Copying Publishing Cinema 81

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Rothschild began selling his METABIRKINS NFTs in December 2021. This is highlighted in the case of Hermès International v.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] 1 (2021). [11]

Art 52

Art Artwork Intellectual Property Copyright Law 52

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.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Rothschild began selling his METABIRKINS NFTs in December 2021. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

Blogging 98

Blogging Copying Social Media Copyright 98