Kluwer Copyright Blog

SEPTEMBER 11, 2023

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. Potential role of three-step test (Berne 9(2)/TRIPS 13) 2. For reproduction: traditional analysis b.

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IP Derivative Work Intellectual Property Art 124

TorrentFreak

JANUARY 17, 2024

In 2022, Lokka faced Finland’s Supreme Court over videos of a 2016 protest published to his YouTube channel, to which Lokka added subtitles in various languages. With parody status unavailable, the content posted to Twitter was confirmed as an unauthorized derivative work, distributed by Lokka, in breach of copyright.

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Copyright Derivative Work Fair Use Reporting 141

TorrentFreak

SEPTEMBER 5, 2023

Familiar Case, Unusual Features In July 2022, another Bungie lawsuit came to light. It targeted an individual who had deployed cheats in Destiny 2 and as a result, now faced claims of breaching security mechanisms controlling access to a copyrighted work. In one particularly malicious case, Bungie had clearly seen more than enough.

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Cease and Desist Derivative Work Copyright Infringement Copyright 125

TorrentFreak

MAY 10, 2023

In June 2022, Bungie was awarded $13.5m The defendants admitted that Wallhax injected new code into Bungie’s code, thereby creating an unlicensed derivative work. Additionally, Bungie has shown that Larsen violated § 1201(b)(1) by creating an infringing derivative work. 11020781 Canada Inc.,

Derivative Work 140

Derivative Work Copyright Infringement Copyright Contracts 140

TorrentFreak

OCTOBER 17, 2022

In June 2022, a consent judgment saw Elite Boss Tech, Inc., The defendants accepted that their cheating software “displays a graphical overlay” that integrates into and annotates Bungie’s copyrighted Destiny 2 work, and injects new code into Destiny 2’s copyrighted code, in both cases creating an unlicensed derivative work.

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Settlement Derivative Work Copyright Litigation 145

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.”

Music 112

Music Derivative Work Fair Use Cease and Desist 112

The IPKat

JANUARY 26, 2023

Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022. This phenomenon illustrates the commercial potential of derivative works within the copyright system.

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Derivative Work Invention Registration Related Rights 78

Copyright Lately

MAY 6, 2022

Statement of TMNTNFT’s IP lawyer, March 31, 2022. Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes.

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Derivative Work Licensing Artwork Contracts 94

The IPKat

JUNE 7, 2022

Image: Josh Berglund On 3 June 2022, Stone filed a complaint against Mariah Carey, her co-writer Walter Afanasieff and record label Sony, for copyright infringement, unjust enrichment and misappropriation and Lanham Act violation, claiming USD 60 million. He could have at least filed in December.

Copyright Infringement 144

Copyright Infringement Copyright Copying Music 144

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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Fair Use Licensing Cease and Desist Derivative Work 130

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. The problem was overcome in December 2021 and default was entered, but Bunsal still failed to appear.

Derivative Work 98

Derivative Work Copyright Infringement Copyright Copying 98

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

IP and Legal Filings

JANUARY 23, 2023

An illustration of this idea is that, unless the owner of the copyright expressly grants such a right in writing, a buyer of a sculpture only receives the right to exhibit it, not to make copies of it or derivative works. v] Non-fungible tokens (NFT), ETHEREUM.ORG, [link] (last visited July 01, 2022). [vi] Gordon Gregory J.

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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.

Derivative Work 52

Derivative Work Ownership Copyright Infringement Licensing 52

TorrentFreak

JANUARY 25, 2023

and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work. Schaufuss says he left Wallhax in 2022 but Nelson is still paying towards his legal fees. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc.,

Derivative Work 145

Derivative Work Copyright Litigation Privacy 145

The IP Law Blog

MAY 5, 2022

Despite those instructions, around January 2022, he learned that portions of the two exams had been posted on the Course Hero website, along with requests for help with the questions. The Course Hero website is an education-focused website for document sharing.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

The IPKat

JANUARY 5, 2023

Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. International – Compagnia Generale Distribuzione s.p.a. v Zorro Productions Inc. ).

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Copyright Law Advertising Advertising 138

TorrentFreak

JULY 14, 2024

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. According to the complaint, the LifeWise Curriculum is actually a derivative work, i.e and now declares itself the copyright owner of the copyrighted work in suit.

Copyright 127

Copyright Licensing Fair Use Derivative Work 127

Kluwer Copyright Blog

OCTOBER 5, 2022

On 9 September 2022, Creative Commons issued their new FAQs on NFTs. With the development of the new technologies, including NFTs, CC licensing is as relevant as ever and continues to offer an effective licensing tool for the underlying copyrighted works linked to NFTs. Photo by Markus Winkler. Creative Commons Licensing.

Licensing 114

Licensing Technology Public Domain Non-Fungible Tokens 114

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. Yuga Labs, therefore, still owns the copyright in each NFT.

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Non-Fungible Tokens Contracts Copying Art 135

Kluwer Copyright Blog

MAY 20, 2024

In 2022, the Hamburg Higher Regional Court held Pelham’s use of the Metall auf Metall sample to be lawful under §51a, arguing that pastiche covers the recognizable (re)use of original parts of protected works, insofar as the borrowing work engages in some form of discussion or intellectual interaction with the original work.

Copyright Law 72

Copyright Law Law Copyright Derivative Work 72

BYU Copyright Blog

MAY 24, 2022

On May 18, 2022, Dr. Elliot McGucken ("McGucken") filed an Amended Complaint against Pepperdine University and associated parties ("Pepperdine"), asserting that Pepperdine infringed McGucken's copyright in a photograph (the "Photo") he had taken.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

BYU Copyright Blog

MAY 13, 2024

Commercial Educational Materials May 13, 09:24 AM May 13, 09:23 AM A while ago, in January 2022, we published a post with updates on Chegg Inc.s After the conference, the court directed the parties to execute their discovery plan and established a deadline to conclude discovery by November 1, 2022. Will the Court Find the Answers?

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Fair Use Derivative Work Settlement Copyright 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.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

JULY 24, 2024

T2I model Lensa , e.g., granted the user ‘a perpetual, revocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works’.

Copyright 135

Copyright Ownership Social Media Licensing 135

Dear Rich IP Blog

FEBRUARY 21, 2024

Is the new song a derivative work? Your former collaborator may argue that your new song is a derivative of your earlier collaboration. As a result, the case dragged on for three years and was finally settled confidentially in 2022. Get an attorney's opinion on your former collaborator's chances in court.

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Derivative Work Confidentiality Music Settlement 52

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.’

Copyright 91

Copyright Derivative Work Copyright Law Law 91

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. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Brands Branding 62

Kluwer Copyright Blog

NOVEMBER 8, 2021

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ 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”). here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Kluwer Copyright Blog

DECEMBER 5, 2022

As to economic rights, copyright implies an authorization for activities of reproduction, communication to the public, distribution and creation of derivative works (adaptation). 2022, 618ff. When copyright is involved, both economic and moral rights issues are at stake. published in Grur. by Alexander Puutio. € by Edward J.

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Copyright Public Domain Art Moral Rights 105

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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Artwork Contracts Art False Advertising 83

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.

Copyright 81

Copyright Derivative Work Music Design 81

JIPEL Copyright Blog

MARCH 21, 2022

It is an open legal question whether this would constitute an infringing derivative work. tournament circuit beginning in 2022. It adds new sections to the opening menu of the original game, allowing players to access the added online features. It also modifies the game itself through its netplay and rollback functionality.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

IPilogue

NOVEMBER 16, 2022

On Wednesday, October 12th, 2022, the judges of the US Supreme Court heard oral arguments from both sides, and considered whether Warhol’s infamous 16 Prince silkscreens , which he had based on a 1981 photograph of Prince by photographer Lynn Goldsmith, may be considered a use that is “fair”. .

Fair Use 59

Fair Use Derivative Work Copyright Copyright Law 59

Copyright Lately

OCTOBER 3, 2022

— Aaron Perzanowski (@APerzanowski) October 1, 2022. Supreme Court has already declared video games to be “expressive works” entitled to the same First Amendment protection given to motion pictures and literature. — Gaudzilla (@GaudzillaRX) October 1, 2022. 4 — Martin McNeil (@martinmcneil) October 1, 2022.

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Fair Use Design Designs Licensing 88

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. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. And in February 2022, Nike, Inc.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Brands 52

LexBlog IP

MAY 5, 2022

” Despite those instructions, around January 2022, he learned that portions of the two exams had been posted on the Course Hero website, along with requests for help with the questions. The Course Hero website is an education-focused website for document sharing.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52