Intellectual Property Law Blog

JUNE 5, 2023

While we cannot, nor do we attempt to, catalog all of the ways in which an artist may achieve that end, we note that the works that have done so thus far have themselves been distinct works of art that draw from numerous sources, rather than works that simply alter or recast a single work with a new aesthetic.” [5]

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Kluwer Copyright Blog

MAY 9, 2022

2021) (available here ); “Warhol Print” also available here. 2021) (available here ). 2021) (hereinafter: Goldsmith ). 1183 (2021). It noted that the Warhol Prince Series did not supplant market demand for Goldsmith’s photograph and, in fact, operated in a very different market than her photograph.

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TorrentFreak

OCTOBER 17, 2024

Therefore, the software creating an unauthorized derivative work. In 2021, the Oberlandesgericht Hamburg (Higher Regional Court) overturned the lower court’s judgment, dismissing Sony’s action in its entirety. In 2012, the Landgericht Hamburg (Regional Court) partially upheld Sony’s claims.

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Copyright Infringement Copyright Derivative Work Marketing 115

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.

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Music Derivative Work Fair Use Cease and Desist 102

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Competition & Markets. Creative Industries.

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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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IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.

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TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. was named as the author of the work on July 8, 2021, but subsequently changed its corporate name to LifeWise, Inc. on September 7, 2022. Stand For Truth, Inc.

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Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

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Non-Fungible Tokens IP Ownership Contracts 98

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.

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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. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

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Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

NOVEMBER 8, 2021

After all, on 7 June 2021, a new copyright liability regime for certain online platforms entered into effect: Art. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive). ” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. here and here).

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Blogging Non-Fungible Tokens Law IP 52

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. The breathless media reports soon followed.

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Copying Non-Fungible Tokens Contracts Copyright 125

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. “The Broadcast was essentially four hours long…In other words, the 4/22/21 Podcast used less than.3%

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Copyright Fair Use Copyright Infringement Copying 137

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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Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

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Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. 4) Relatedly, the hostility that the FTC Comments express in relation to indemnification is puzzling.

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Copyright Fair Use Copyright Law Copyright Infringement 96

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. 1183 (2021). Goldsmith , 11 F.4th concurring).

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The IPKat

SEPTEMBER 14, 2023

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the – so to speak – derived work.’

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Copyright Derivative Work Copyright Law Law 91

BYU Copyright Blog

MAY 13, 2024

To provide a summary of what has happened to the case, on November 22, 2021, Judge Edward Kiel ordered the parties to commence discovery proceedings in preparation for a conference scheduled for January 24 of the following year.

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Technology & Marketing Law Blog

OCTOBER 19, 2021

” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price.

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IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Rothschild began selling his METABIRKINS NFTs in December 2021. Also consider international markets. NFTs also may embody or use trademarks.

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SpicyIP

JUNE 26, 2024

Transforming copyrighted work into accessible copies requires a considerable amount of effort which entails acquiring the inaccessible market copy, spending money and time to convert the same into an accessible one and then taking suitable measures for restricting it to private use.

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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 Design 74

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

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Copyright Copyright Law Fair Use Law 136

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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LexBlog IP

JUNE 5, 2023

While we cannot, nor do we attempt to, catalog all of the ways in which an artist may achieve that end, we note that the works that have done so thus far have themselves been distinct works of art that draw from numerous sources, rather than works that simply alter or recast a single work with a new aesthetic.”

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

While we cannot, nor do we attempt to, catalog all of the ways in which an artist may achieve that end, we note that the works that have done so thus far have themselves been distinct works of art that draw from numerous sources, rather than works that simply alter or recast a single work with a new aesthetic.”

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Rothschild began selling his METABIRKINS NFTs in December 2021. Also consider international markets. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

JULY 7, 2023

. “Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] 16] On December 9, 2021, the Foundation asked the U.S.

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Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” b)(4) (2021).] H&M (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Factual and Procedural Background. 3d 1194 , 1196 (9th Cir. b)(4)(i)(A) (2011).

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LexBlog IP

JUNE 7, 2023

“Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. 1183 (2021). ” Id.

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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.”

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IP Intelligence

JUNE 6, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. 1183 (2021). Goldsmith , 11 F.4th concurring).

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Kluwer Copyright Blog

MAY 20, 2024

Everything old is new again: the Pelham case after §51a UrhG The introduction, in 2021, of §51a UrhG put another coin in the jukebox. 5 (with its limited and closed list of exceptions) kicked in. Adopted to fill the gap left by §24, and pursuant to art. Although AG Crúz Villalon argued in his Opinion (para.

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Copyright Law Law Copyright Derivative Work 64

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. ” Id.

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SpicyIP

AUGUST 18, 2024

Imagine Marketing Ltd. The plaintiff alleged that despite the injunction, the defendant continued to manufacture, market and sell the camphor products with the impugned trade dress and packaging. Tejaswini Kaushal takes us through the 400+ page judgment in this crisply worded post. Chapter 4 Corp v.

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