McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. That “data” typically includes other creators’ copyrighted material. What is a Derivative Work?

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Derivative Work Copyright Fair Use Copyright Law 59

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low.

Copyright 95

Copyright Derivative Work Artwork Fair Use 95

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IP Law Blog

SEPTEMBER 28, 2023

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” As a result, Defendants contend that Plaintiff’s Second Holy Temple Product can be copied and used in derivative works.

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Public Domain Copyright Copying Registration 113

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. For more details on the topic of design and the metaverse in China see our previous blog post. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. nThe book and the copyright ownership are two distinct things. The right to create derivative works.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Trademark and Copyright Law Blog

APRIL 21, 2021

In considering market effects, the Court considered not just the amount of the loss of Oracle licensing revenue, but also the source of the loss, and the public benefits the copying will likely produce. The post API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

Copying 40

Copying Fair Use Copyright Marketing 40

Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Copyright laws protect the expression of creative ideas and not just the idea. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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. Luckily for most cosplayers, their costumes likely do not infringe copyright laws.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work?

Copyright 105

Copyright Registration Music Copyright Law 105

The IP Law Blog

JULY 6, 2023

The first fair use factor will now analyze whether the purpose of the use of the second work is different enough from the first to reasonably justify copying. Also, the court observed that “[c]riticism of a work…ordinarily does not supersede the objects of, or supplant, the work.

Fair Use 52

Fair Use Derivative Work Copying Licensing 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.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

SpicyIP

DECEMBER 17, 2023

An Overview of the Debate Some argued that translations should be granted independent copyright protection, separate from the original work, to recognize the creative effort and skill involved in translating. Once the author removed all copies of the work from circulation, no more licenses were to be granted.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Types of IPR for Software Protection in India Copyright – According to Copyrights Act, 1957; Copyright grants the exclusive rights, to perform certain actions regarding a work or its substantial part. As per the definition, the computer program comes under copyright law.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

IPilogue

MAY 26, 2022

Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. For more details on the topic of design and the metaverse in China see our previous blog post. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. Thus, copyright enforcement mechanisms are out of their league, so to speak, with respect to their application in this new digital world. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 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] Originals” [7] : The Works at Issue. 4] ), and issued a new decision in which it reached the same result. [5].

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Traverse Legal Blog

JANUARY 29, 2022

You’re getting a license to use, copy and display this item. The owner can grant the grantee the right to use the works or image and copy that image. Copying an image happens every time that image is uploaded to Instagram or Facebook because a digital copy is created when the image is uploaded on these servers.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” 22-cv-7074-JST, ECF No. And this case is just beginning.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Kluwer Copyright Blog

AUGUST 13, 2023

It is based on “ large language models ” (so called LLM ), which is “ trained by copying massive amounts of text ” (so called training dataset ) “ and extracting expressive information from it ” (see § I.2). The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

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 ”. Vicarious Copyright Infringement (17 U.S.C. §

Derivative Work 128

Derivative Work Copyright Infringement Copying Copyright 128

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. My angst-filled blog post on that ruling. This is the kind of ambiguous generalization I see on Internet Law final exams that get a C. The “copies” in question are not copies in the abstract sense.

Copying 77

Copying Ownership Derivative Work Contracts 77

Technology & Marketing Law Blog

OCTOBER 19, 2021

With respect to copyright, the court says: “Plaintiffs do not rely on copyright protection for their websites in pleading their claim…Plaintiffs are not asserting infringement of any right to the reproduction, performance, distribution, or display of their websites. ” Wait, what? First Amendment.

Licensing 90

Licensing Copyright Contracts Advertising 90

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

Blogging 52

Blogging Law IP Fair Use 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. 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.

Copyright 134

Copyright Copyright Law Fair Use Law 134

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 81

Copyright Law Art Copyright Law 81

Garrigues Blog

MAY 11, 2021

The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. 822 – Copyright Law, in line with decision no. However, it excludes ideas, procedures, methods of operation and/or construction and styles used in architectural works (i.e.,

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. To play in an online tournament, players utilize their own ROMs.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” ’” Id. at 9 ( quoting Compulife Software Inc.

Copyright 52

Copyright Art Copying Derivative Work 52

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). This blog piece looks beyond the U.S. copyright law.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52