LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph.

Artwork 52

Artwork Derivative Work Copyright Editing 52

TorrentFreak

JANUARY 17, 2024

New law that came into force in April 2023 allows the free use of copyright works for parody, pastiche, and caricature. “[Th]e court determined that this could not be considered a parody as referenced in Section 23a of the Copyright Act, but a prohibited modification of the work,” TTVK explains.

Copyright 121

Copyright Derivative Work Fair Use Reporting 121

LexBlog IP

NOVEMBER 8, 2023

On October 30, 2023, U.S. vi] Plaintiffs’ claims that AI outputs are “derivative works” failed in part for lack of substantial similarity to third-party copyrighted content. ” [viii] Skepticism that the AI model itself could be a “derivative work.” Stability AI Ltd. [vi]

Derivative Work 52

Derivative Work Copyright Infringement Copying Copyright 52

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

In addition to the Oscar contenders, the majority of 2023’s highest grossing films , from Across the Spider-Verse to The Super Mario Bros Movie , were based on preexisting IP and adapted for the big screen. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be? In Yonay v.

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

AUGUST 4, 2023

21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world” As many will recall, SCOTUS recently upheld a ruling that an early 1980s Andy Warhol’s photograph of the artist Prince was not fair use. one of the copyright rights is the right to prepare derivate works (e.g.,

Art 52

Art Fair Use Derivative Work IP 52

IP Tech Blog

AUGUST 4, 2023

21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world”. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., It’s a way where you take your original work and add new expression to it. Goldsmith et al, Case No.

Art 52

Art Fair Use Derivative Work Blogging 52

BYU Copyright Blog

MAY 20, 2024

Post University claimed that Course Hero committed, among other things, multiple instances of copyright infringement, trademark infringement, violation of the DMCA, and unfair competition by posting and creating derivative works of educational materials owned by Post University without Post University's permission.

Derivative Work 52

Derivative Work Copyright Notice Settlement Ownership 52

The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. However, the Court noted that “the mere fact that a work is copyrighted does not mean that every element of the work may be protected.” OpenAI, Inc.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

LexBlog IP

FEBRUARY 15, 2024

The court rejected the conclusory assertion that every output of ChatGPT is an infringing derivative work, finding that plaintiffs had failed to allege “what the outputs entail or allege that any particular output is substantially similar – or similar at all – to [plaintiffs’] books.” 7, 2023). [3]

Copyright Infringement 52

Copyright Infringement Derivative Work Copyright Copyright Notice 52

The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

Public Domain 113

Public Domain Copyright Copying Registration 113

BYU Copyright Blog

MAY 13, 2024

However, these conferences were adjourned until March 2023. This included adequately identifying specific derivative works and their association with the alleged infringements, as well as demonstrating the effects of Chegg's actions on the value and market for these works.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52

Patently-O

SEPTEMBER 1, 2023

A third core area focuses on infringement liability associated with AI-outputs that result in a copy or improper derivative work. The public is invited to provide input by submitting comments by the October 18, 2023 deadline. Who is liable — the AI system developers, model creators, and/or end users?

Copyright 122

Copyright Copying Derivative Work Licensing 122

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Between 25 August 2023 and 13 November 2023, 119 responses were received from 134 universities contacted. A slightly more challenging issue is to establish a causal connection between the original work and the student’s derivative work (i.e., the third criterion).

Copyright 120

Copyright Higher Education Copyright Infringement Ownership 120

TorrentFreak

JULY 14, 2024

Noting that the Parents Against LifeWise Facebook group has already attracted around 2,500 members since it was created September 1, 2023, LifeWise is of the belief that “Mr. According to the complaint, the LifeWise Curriculum is actually a derivative work, i.e Parrish does not support LifeWise’s mission.”

Copyright 120

Copyright Licensing Fair Use Derivative Work 120

LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The Court began by noting that “while it may be unlawful to recreate another’s work (e.g., OpenAI, Inc.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

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 72

Copyright Derivative Work Music Designs 72

LexBlog IP

JUNE 27, 2022

In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. It is likely Paramount will assert that Top Gun: Maverick is not based on the Story and therefore is not a derivative work and therefore cannot infringe the Story.

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

LexBlog IP

JUNE 27, 2022

In other words, the termination period began May 18, 2018 and ends May 18, 2023 requiring a notice of termination effective January 2020 to be served in January 2018. It is likely Paramount will assert that Top Gun: Maverick is not based on the Story and therefore is not a derivative work and therefore cannot infringe the Story.

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

BYU Copyright Blog

OCTOBER 7, 2024

After the District Court's ruling on March 24, 2023, which held IA liable for copyright infringement, IA appealed the decision. The court found IAs use to be nontransformative, primarily because simply scanning the books did not add any expressive transformation that would make the copies more than mere derivatives.

Fair Use 40

Fair Use Copying Publishing Licensing 40

LexBlog IP

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

Public Domain 52

Public Domain Copyright Copying Registration 52

LexBlog IP

DECEMBER 19, 2023

See Case C-145/10 – Painer , para 92: “[b]y making those various choices, the author of a portrait photograph can stamp the work created with his ‘personal touch’ ”; and Case C-683/17 – Cofemel , para. 18, 2023), available at Thaler v. of Columbia 2023 – Google Scholar. Perlmutter , No.

IP 52

IP Derivative Work Copyright Copyright Infringement 52

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023. The 5 Worst Copyright Lawsuits of 2023, according to me. Polychron v.

Copyright 106

Copyright Copyright Infringement Music Fair Use 106

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. Please note that this is in no ways meant to be a comprehensive analysis of the lawsuits. Case 1- Doe 1 v. GitHub Inc.,

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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] Many derivative works. 2023) (slip op.,

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

SpicyIP

DECEMBER 15, 2023

In response, the USCO Board reaffirmed its position, stating that the final image was a derivative work. In response to this request, the USCO reiterated the legal position that creations of non-humans may not be protected by copyright, and an element of human creativity must have occurred for any work to be copyrightable.

Artwork 59

Artwork Registration Artistic Work Derivative Work 59

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] 1] See Andy Warhol Found.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

APRIL 23, 2023

The guidelines offer clarification on copyright eligibility, authorship requirements, and the registration process for works that incorporate AI-generated material. Read Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence published on March 16, 2023 via the Federal Register or our summary below.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

The IPKat

NOVEMBER 15, 2023

This Kat was very happy to participate in the AI & Creativity: Protecting Creators in the Age of AI Panel which took place as part of the AI Fringe event on Friday, 3 November 2023 at the Knowledge Centre of the British Library, London. Mr Blackmore also raised the issue of copyright protection of AI created works.

Reporting 67

Reporting Derivative Work Intellectual Property Copyright 67

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use.

Copyright Law 86

Copyright Law Copyright Fair Use Law 86

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. ” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5%

Music 86

Music Copyright Copying Copyright Law 86

Kluwer Copyright Blog

JANUARY 16, 2024

The plaintiffs’ factual allegations in Kadrey v Meta and Chabon v Meta The first class action, Kadrey v Meta ( here ), was filed on 7 July 2023, in U.S. The second class action, Chabon v Meta, was filed on 12 September 2023 before the same court ( here ). District Court for the Northern District of California – San Francisco Division.

Derivative Work 129

Derivative Work Copyright Infringement Copying Copyright 129

Copyright Lately

MAY 22, 2023

" — Robert Indiana, artist [link] — Aaron Moss (@copyrightlately) May 19, 2023 2. Each Particular Use Needs To Be Considered On Its Own A focus on the justification for a secondary use means that whether a follow-on work is fair or not can’t be considered in a vacuum. "I knew Andy very well. The impact of Warhol v.

Fair Use 92

Fair Use Licensing Copying Artwork 92

Kluwer Copyright Blog

AUGUST 13, 2023

case number IL-2023-000007). 35 quoting OpenAI’s paper introducing GPT-4 dated March 2023). Code § 103 – Subject matter of copyright: Compilations and derivative works and 106 and Circular 14: Copyright in Derivative Works and Compilations of the US Copyright Office ). and others v. Stability Al Ltd.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Copyright Lately

AUGUST 14, 2023

He contends that because he’s in the business of licensing his photos as reference images and for the creation of derivative works, the parties’ uses “have the same purpose—the display of a portrait of Miles Davis. Von Drachenberg is currently scheduled for September 18, 2023.

Fair Use 88

Fair Use Social Media Licensing Marketing 88

The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law. As in the U.S.,

Copying 97

Copying IP Copyright Law Design 97

LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. Otherwise, the majority said, “‘transformative use’ would swallow the copyright owner’s exclusive right to prepare derivative works.” for Visual Arts, Inc.

Fair Use 52

Fair Use Licensing Copyright Editing 52