Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust.

Copyright 47

Copyright Copying Copyright Infringement Editing 47

Technology & Marketing Law Blog

JULY 19, 2024

As part of a SAD Scheme case, she claims an Amazon seller infringed on her work. Here is the comparison: This looks like a derivative work to me. I note this is a copyright case instead of the more common SAD Scheme trademark claims. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. Alibaba N.D.

Derivative Work 67

Derivative Work Blogging Fair Use Licensing 67

LexBlog IP

APRIL 15, 2022

But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses? copyright protection in 2024. Copyrighted materials are protected until 70 years after the author’s death.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

Copyright Lately

NOVEMBER 8, 2022

A new crop of copyrighted works (including rights in a certain famous British detective) will enter the public domain in the United States on January 1, 2023. There’s no indication that Hulu’s decision was influenced by the copyright status of The Hardy Boys ’ titular characters. Check out the Copyright Myth Project for more.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

The IPKat

JANUARY 27, 2024

A new law entered into force on 11 January 2024 that aligns the protection of Italian artisanal and industrial products with the EU Regulation. Importantly, this is the first time the CJEU will consider this issue from the perspective of copyright subsistence, not infringement.

Derivative Work 60

Derivative Work Intellectual Property Editing Copyright 60

LexBlog IP

FEBRUARY 15, 2024

This week saw yet another California federal court dismiss copyright and related claims arising out of the training and output of a generative AI model in Tremblay v. 2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

Copyright Infringement 52

Copyright Infringement Derivative Work Copyright Copyright Notice 52

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 OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

The Illusion of More

MARCH 1, 2024

Copyright Act since 1976 and a subject […] The post It’s Fair Use Week again, but the party’s over. Thus ends the 12th Annual Fair Use Week, and after the Warhol decision, it must be asked whether the parties who invented this holy week of the copyleft intend to continue the farce much longer. appeared first on The Illusion of More.

Fair Use 104

Fair Use Invention Copyright Derivative Work 104

Velocity of Content

APRIL 30, 2024

You can read a detailed account of the webinar in the May 2024 issue of Information Today. What is it about the technology involved in LLMs that creates a copyright concern? Babis Marmanis: LLMs would not work without word embeddings. Shumaker: How does CCC’s business model relate to the copyright questions about AI?

Licensing 52

Licensing Social Media Copyright Publishing 52

IP and Legal Filings

JUNE 29, 2024

Copyright laws also provide plausible remedies for enforcing one’s right to personality. It usually entails review, commentary, satire, comedy, criticism over the original work. This is where it usually becomes difficult to draw a fine line between fair use and copyright infringement. Peppy Store, 2024 SCC OnLine Del 3664. [2]

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. user, service)?

Copyright 128

Copyright Ownership Social Media Licensing 128

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. We’re nearing the end of December, which means it’s time for Copyright Lately ’s annual worst-of list. When Netflix refused to pay up, Cramer sued for copyright infringement. Polychron v.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

LexBlog IP

FEBRUARY 14, 2024

The class of plaintiff authors seeking to hold OpenAI liable for copyright infringement has faced yet another setback. The lawsuits claim that because the defendants copied their original works of authorship to use as training material for the LLMs, the AI companies are liable under the federal Copyright Act and various state tort laws.

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Instead of asserting copyright and trademark claims, they tried trespass to chattels. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

Copying 77

Copying Ownership Derivative Work Contracts 77

SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

Music 59

Music Licensing Copyright Moral Rights 59

SpicyIP

AUGUST 18, 2024

The Curious Case of Composers and Copyright – Ilaiyaraaja’s Copyright Dispute with ‘Manjummel Boys’ Makers In light of the ongoing copyright dispute between legendary composer Ilaiyaraaja and makers of the hit Malayalam movie “Manjummel Boys”, Tejas Misra shares his quick take on the rights of composers under the Copyright Act.

Registering Trademarks 80

Registering Trademarks Trademark Cease and Desist Copyright 80

Kluwer Copyright Blog

MAY 20, 2024

The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after he sampled two seconds of their song “Metall auf Metall” and looped it in Sabrina Setlur’s track “Nur Mir”. Although AG Crúz Villalon argued in his Opinion (para.

Copyright Law 62

Copyright Law Law Copyright Derivative Work 62