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

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Section 107 of the Copyright Act provides that “fair use of a copyrighted work. The nature of the copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Section 107 of the Copyright Act provides that “fair use of a copyrighted work. The nature of the copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. That $3,750 works out to a measly $71 for each month the case has been pending.

Fair Use 88

Fair Use Designs Design Licensing 88

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). In the aftermath of cases like Authors Guild v.

Copyright 138

Copyright Copyright Law Fair Use Law 138

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”. . Our answer is yes.”

Fair Use 59

Fair Use Derivative Work Copyright Copyright Law 59

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?

Fair Use 52

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

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet.

Copyright 135

Copyright Ownership Social Media Licensing 135

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

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Brands Branding 62

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 Designs 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

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

Kluwer Copyright Blog

JULY 16, 2023

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.” by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Brands 52

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] The parties submitted a joint discovery plan on February 10, 2022. On March 2, 2022, Hermès filed an Amended Complaint. A trial is set to begin February 28, 2023.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Kluwer Copyright Blog

JUNE 5, 2023

2021) (available here ) In March 2022 the U.S. Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Goldsmith, 11 F.4th 4th 26 (2d Cir.

Derivative Work 93

Derivative Work Fair Use Licensing Art 93

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

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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

43(B)log

FEBRUARY 3, 2023

Works almost like a fair use defense. 30% in dataset prevail on independent de minimis defense, which is not just substantial similarity and not just fair use, contrary to Nimmer and previous study. Where is de minimis used elsewhere? More qualitative assessments than anticipated, especially since 1998.

Copyright 45

Copyright Copying Music Fair Use 45

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). Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch. Goldsmith , Docket No.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

JIPEL Copyright Blog

MARCH 14, 2022

A derivative work itself, Netflix’s Bridgerton is based on the book series by Julia Quinn , a Regency-era series set between 1813 and 1827. However, as a Shonda Rhimes production, the television show is so much more, effortlessly weaving people of color into high society London in a reimagined history.

Music 52

Music Television Content Creation Derivative Work 52

BYU Copyright Blog

MARCH 3, 2025

A Roundup of More Completed Cases University,Logo,Settled Out of Court,Bell,Statute of Limitations,Secondary Education,DMCA,Literary Works,Fair Use,Commercial Educational Materials,Faculty March 03, 10:52 AM March 03, 10:52 AM Louisiana Tech University v. Under 17 U.S.C. Eichelberger v.

Fair Use 52

Fair Use Settlement Derivative Work Publishing 52

Velocity of Content

NOVEMBER 25, 2024

2 In the former case, the court moved from an apparent position of significant skepticism at oral argument to an affirmation of fair use for the sale of home video recording devices (VCRs) as a dual-use technology capable of both infringing and substantial non-infringing uses. ↩︎ 17 U.S.C. §§ 106(1)-106(2). 48 § 21 (UK).

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

LexBlog IP

JANUARY 10, 2024

’” See also NPR Author Interviews, Bob Woodward’s new audiobook features hours of his interviews with ex-President Trump, October 24, 2022. You just put it all out there and let the people decide.’” italics added for emphasis in items (i)-(iii)). As Professors Post and Rothman described it (at 106 and fn.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Copyright Lately

MARCH 6, 2023

The New York Lawsuit The first volley in the parties’ legal battle came in May 2022, when Coakley filed a pro se lawsuit in New York state court against the Bergers and Virtuoso. Wagging Tails contends that these materials are “unauthorized and infringing derivative works” based on its motion picture. LFP , Inc. ,

Copyright 87

Copyright Derivative Work Fair Use Social Media 87

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 The Second Circuit nonetheless held that the published quotations were a fair use.

Copyright 131

Copyright Blogging Publishing Fair Use 131