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

The IP Law Blog

MAY 5, 2022

According to reports, he included strict exam instructions, including “forbidding students from using any class materials, notes or online resources while taking the tests,” and instructing the students they were “prohibited from copying any part of the exam.”. The Course Hero website is an education-focused website for document sharing.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

Kluwer Copyright Blog

OCTOBER 5, 2022

On 9 September 2022, Creative Commons issued their new FAQs on NFTs. By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork. Another curious question arises when someone mints an NFT of a CC-licensed work. Photo by Markus Winkler.

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Licensing Technology Public Domain Non-Fungible Tokens 114

Copyright Lately

AUGUST 2, 2022

The duo’s passion project was nominated for a 2022 Grammy Award in the Best Musical Theater Album category. performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.”

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Music Derivative Work Fair Use Cease and Desist 109

TorrentFreak

JULY 14, 2024

In the belief that the curriculum contains information supportive of the group’s cause and in the wider public interest, it’s alleged that Parrish set out to obtain a copy. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” on September 7, 2022. And so it begins.

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Copyright Licensing Fair Use Derivative Work 124

IPilogue

MAY 26, 2022

On May 3, 2022, Bishop David P. Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work.

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Fair Use Copyright Infringement Copyright Music 111

TorrentFreak

AUGUST 13, 2022

By inducing the direct infringements of Lavicheat users who “copy, reproduce, adapt, and/or create derivative works” from Bungie’s copyrighted works, Lavicheats is liable for contributory copyright infringement. Discovery Process Begins. Another complication is found in the corporate status of PayDash Limited.

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Derivative Work Copyright Infringement Copyright Copying 98

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 98

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. 2022, 618ff. When copyright is involved, both economic and moral rights issues are at stake.

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Copyright Public Domain Art Moral Rights 105

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 98

LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

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Fair Use Derivative Work Art Licensing 97

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. 2 recorded NFT related works. The United States.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Copyright Lately

OCTOBER 3, 2022

In addition, in granting Alexander’s motion for partial summary judgment, the court found that Alexander held valid copyrights in the tattoo designs at issue and that defendants copied those works. — Aaron Perzanowski (@APerzanowski) October 1, 2022. — Gaudzilla (@GaudzillaRX) October 1, 2022. — Brian L.

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Fair Use Designs Design Licensing 85

The IPKat

JANUARY 18, 2023

In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed. The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California.

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LexBlog IP

JUNE 5, 2023

.” AWF argued that the paintings were “transformative works,” not copyright infringement, because “Warhol added layers of bright and unnatural colors, conspicuous hand-drawn outlines and line screens, and stark black shading that exaggerated Prince’s features. ” Brief For Petitioner at 19 (June 10, 2022).

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Fair Use Derivative Work Art Licensing 52

Kluwer Copyright Blog

AUGUST 7, 2023

Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.

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Copyright Derivative Work Fair Use Copyright Law 52

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. tournament circuit beginning in 2022.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

LexBlog IP

MAY 5, 2022

According to reports, he included strict exam instructions, including “forbidding students from using any class materials, notes or online resources while taking the tests,” and instructing the students they were “prohibited from copying any part of the exam.” This lawsuit was dismissed one month after it was filed.

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Copyright Law Copyright Law Copyright Infringement 52

Copyright Lately

JANUARY 31, 2023

Astley is claiming that Gravy violated his right of publicity by using a singer (defendant Nick Seeley, pka Popnick ) to imitate Astley’s “signature voice” from “Never Gonna Give You Up” on Gravy’s 2022 hit “ Betty (Get Money).” Don’t worry, it’s legit. “So, ” 17 U.S.C. § Ford Motor Co.

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Music Copyright Licensing Copyright Infringement 104

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]

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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

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

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Copyright Copying Music Fair Use 45

LexBlog IP

JUNE 7, 2023

” In November 2022, two anonymous software programmers who own source code repositories publicly available through GitHub brought a class action lawsuit in the Northern District of California against GitHub and OpenAI ( DOE 1 et al v.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

SpicyIP

MAY 23, 2024

One of the key features was recognition of the rights of authors of original literary, dramatic, artistic and musical work, used in derivative works. The Bombay High Court, in 2022 finally acknowledged the legislative changes brought by 2012 Amendment in IPRS v.

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Music Licensing Copyright Moral Rights 59

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. 2 recorded NFT related works. The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Derivative Work Copyright Moral Rights Copyright Law 52

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. 21-869 (2022). Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Sarony involving a photograph and lithograph copy of the famous playwright Oscar Wilde.

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Fair Use Copyright Derivative Work Art 134

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Abbott, ed), (Edward Edgar, 2022) pp 21-38.

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IP Derivative Work Intellectual Property Art 124

TorrentFreak

JUNE 10, 2022

Late August 2022, game developer Bungie filed a lawsuit against the creators of software that enabled cheating in Destiny 2. In a February 2022 status report, Bungie stressed that Destiny 2’s commercial viability depends on the integrity of its gameplay and the positive experiences of its players. 1201(a) and (b) ).

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Copyright Derivative Work Intellectual Property Copyright Infringement 145

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. The SB then assessed whether Hulm Entertainment’s GUI can be protected as a work in itself.

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Copyright Marketing Marketing Copying 59

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. 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.”

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Blogging Law IP Fair Use 52

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 Council adopted its common position in December 2022.

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Copyright Copyright Law Fair Use Law 138

Kluwer Copyright Blog

JANUARY 18, 2023

Specifically, this means that acts of reproduction for the purposes of preserving copies of works within the scope of Sections 60e, 60f, 60h UrhG may, from now on, also be made by commercial organisations in the field of cultural heritage.

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Copyright Related Rights Copyright Law Publishing 52

Velocity of Content

NOVEMBER 25, 2024

It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. Ginsburg & R. Dreyfuss eds., ↩︎ See Grokster, 545 U.S. ↩︎ See Daniel J. .

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Copyright Derivative Work Intellectual Property Copying 52

Copyright Lately

MARCH 6, 2023

.” Coakley DM to Harvey Berger (from court files) After Coakley’s monetary demands were refused, Berger received an email from an unknown individual claiming to be a “friend” of Coakley’s, who threatened that a copy of Runt would be “leaked online” if Coakley’s pilot project wasn’t funded.

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Copyright Derivative Work Fair Use Social Media 84

Technology & Marketing Law Blog

FEBRUARY 13, 2023

More than eight hours of excerpts from those recorded interviews were published by Simon & Schuster in October 2022 as an audiobook under the title The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump. (The 202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form.

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