IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use. Goldsmith et al, Case No.

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Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

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LexBlog IP

MAY 19, 2023

Lynn Goldsmith, a rock-and-roll photographer, took a photograph of Prince in 1981 that was published in a Newsweek article. Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. of a commercial nature. .” is (in copyright lingo) not ‘transformative.’”

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Fair Use Derivative Work Licensing Copyright Infringement 40

The IPKat

DECEMBER 20, 2023

However, putting ourselves in the shoes of the artists whose voice and art are being used to feed a machine that will then copy everything that makes them who they are, it is not difficult to comprehend Bad Bunny's reaction. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

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Music Social Media Copying Derivative Work 70

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied.

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Intepat

JANUARY 8, 2024

student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT.

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Copyright Fair Use Derivative Work Intellectual Property 52

Traverse Legal Blog

JANUARY 26, 2022

The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. See article below). We have written about this NFT / Digital Asset distinction and risk previously in this article. This limited edition Dune book may be one of 10 copies of this hardback auctioned. What Are NFTs?

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The IPKat

SEPTEMBER 24, 2023

Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI. Note that the Berne Convention speaks of writings, lectures, paintings or sculptures (Article 2(1)). This is pure fiction.

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Copyright Derivative Work Music Copying 138

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. is being used as code. Case 2- Anderson, et al. v Stability A.I.

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Litigation Fair Use Copying Derivative Work 98

IPilogue

DECEMBER 20, 2021

Members of fandoms often participate in various creative activities inspired by their source material, including dressing up as the characters, writing stories based in the fictional universe, and making drawings about the original work. Unfortunately, laws around fanfiction and fanart are not clear.

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Copyright Television Copyright Infringement Derivative Work 122

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] Oracle America, Inc.

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Licensing Fair Use Copyright Derivative Work 52

IP and Legal Filings

MAY 15, 2024

The present article looks into a comprehensive landscape of Limited License. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display.

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Licensing Intellectual Property Ownership IP 82

Intepat

OCTOBER 7, 2022

a collage, sculpture, photograph , or graphic work; 2. a building or model of a building that is an architectural work; or. an article made with artistic skill. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect.

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Kluwer Copyright Blog

OCTOBER 5, 2022

This article provides a brief overview of the use of Creative Commons licensing in relation to NFTs based on the Creative Commons’ FAQ page linked above. By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork. Photo by Markus Winkler. Creative Commons Licensing.

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Licensing Technology Public Domain Non-Fungible Tokens 105

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. July 17, 2023).

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Blogging Copying Social Media Copyright 96

Plagiarism Today

DECEMBER 1, 2021

He is briefly dubbed a copycat for simply having some similar ideas to an earlier work, but yet a new derivative work can come along and find even greater success. For those trying to create original works, it raises the question: Why bother? They’ll be copied into oblivion. Why Bother?

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Intepat

OCTOBER 7, 2022

The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or. an article made with artistic skill.

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IP Watchdog

NOVEMBER 17, 2021

It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. As an exception to the general law prohibiting copying others’ works, it permits copying for a limited and “transformative” purpose, such as commentary, criticism, teaching, news reporting, scholarship, or research.

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The IPKat

JANUARY 23, 2023

The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system. Often few copies, and sometimes no copy, of a silent film would survive. But the cross media franchise is hardly a modern phenomenon.

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Derivative Work Cinema Copying Art 52

JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

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Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

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Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. When copyright is involved, both economic and moral rights issues are at stake. published in Grur. 2022, 618ff.

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Copyright Public Domain Art Moral Rights 101

Copyright Lately

AUGUST 2, 2022

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.” Copyright owners should be able to defend their works against substantial unauthorized copying used for profit.

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Music Derivative Work Fair Use Cease and Desist 101

The IPKat

JANUARY 18, 2023

Yuga Labs, again “ subject to your continued compliance with these Terms ”, grants the NFT owners a “ an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art ”.

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Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

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Music Copyright Copying Copyright Law 84

More Than Your Mark

AUGUST 27, 2021

Copyrights protect creative works. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright. What Is a Copyright? There’s no need to renew or maintain a copyright.

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Intellectual Property Trademark Copyright Patent 52

SpicyIP

DECEMBER 17, 2023

Article V of the original 1886 version of the Berne provided only 10 years of exclusive rights for translations of works – authors enjoyed the exclusive right of making or authorizing the translation of their works until the expiration of ten years from the publication of the original work. Amendment no.

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Copyright Publishing Derivative Work Copyright Law 59

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1291 (Gorsuch, J., concurring). Or never tried?

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LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

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IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Article 10.1 Is this the same in the US and China?

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IP Ownership Non-Fungible Tokens Copyright Law 109

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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Art Law Journal

JUNE 30, 2022

If I had to guess, I would estimate that at least half of the people reading this article don’t know why those two statements are wrong. Your Copy-Rights. Utility patents are issued for “any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof” (35 U.S.C.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Kashishipr

JULY 13, 2022

Here in this article, we shall be discussing the IP issues that have already occurred or are likely to occur in the near future in the AR field. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object? Public Display and Performance.

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Intellectual Property IP Copyright Infringement Copyright 72

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. This body of text is called the training dataset.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

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Intellectual Property Cease and Desist Invention Branding 52

IP and Legal Filings

JUNE 29, 2024

However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner.

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Personality Rights Fair Use Privacy Intellectual Property Law 82