Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023). [2]

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Fair Use Licensing Cease and Desist Derivative Work 130

SpicyIP

SEPTEMBER 4, 2023

Deadline- October 15, 2023. A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Image from here Smells like Luxury, Does it Cost a Trademark Battle? Dabur India Ltd.

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Patently-O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. Guest Post from Professors Pamela Samuelson , Christopher Jon Sprigman , and Matthew Sag.

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Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ).

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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. By Tanishka Goswami Providing advantages of accessibility, affordability, and shareability among others, the swiftly expanding market for e-books stands at $17.20 billion today, only to grow manifold.

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Copyright Law Copyright Fair Use Law 105

TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. 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.

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Copyright Licensing Fair Use Derivative Work 124

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

The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” Zillow Group, Inc.,

Copyright 98

Copyright Registration Licensing Derivative Work 98

Technology & Marketing Law Blog

JUNE 17, 2023

2023 WL 3449131 at *1 (N.D. May 11, 2023). As of May 2023, GitHub has updated this provision on its website to explicitly read “any code, text, … documents, or other files”). GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. GitHub, Inc. –Doe 1 v.

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Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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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.

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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., see this chapter.)

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Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market). I’ll keep you posted about the outcome.

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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 81

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

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.

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IP Intelligence

JUNE 7, 2023

1258, (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. Goldsmith , 598 S. concurring).

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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 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 90

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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.

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SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

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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.,

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LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023).

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023).

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

JULY 16, 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. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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Blogging Law IP Fair Use 52

Kluwer Copyright Blog

JUNE 7, 2023

Ginsburg’s lecture took place on 3 May 2023. is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). As an example, Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Campbell v. Gannett Co., 4:21-00557-CV-RK (W.D. Amount: the whole photo.

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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.

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LexBlog IP

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. ” The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to. Likewise, Zillow used each photo independently to market home designs. Zillow Group, Inc.,

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LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. This “reductionist view” of the character of the use over-emphasized the commercial licensing of the work, upending the balance “between rewarding original creators and enabling others to build on their works.”

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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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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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. A trial is set to begin February 28, 2023.

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LexBlog IP

JUNE 7, 2023

1258, (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.

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IP Intelligence

JUNE 6, 2023

1258, (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. Goldsmith , 598 S. concurring).

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LexBlog IP

OCTOBER 25, 2023

The question then arises as to whether the fiction writer alone owns the copyright to work drawn in whole or part from another’s writings or experience. . ‘The Covenant of Water’ is a rich, heartfelt novel. That question recently arose in Sonya Larson v. ” Let’s see why.

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Copyright Social Media Plagiarism Fair Use 52

SpicyIP

AUGUST 18, 2024

Imagine Marketing Ltd. However, owing to the volatile regulatory environment in India, the plaintiff blocked its services in India from 2023 onwards. 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.

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