Kluwer Copyright Blog

JANUARY 16, 2024

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

Derivative Work 135

Derivative Work Copyright Infringement Copying Copyright 135

JIPL Online

APRIL 9, 2021

Thus, copyright enforcement mechanisms are out of their league, so to speak, with respect to their application in this new digital world. With this brief background in mind, this blog post explores the implications of copyright protection of memes. Costs Versus Benefits of Copyright Protection. LAW AND ECONOMICS.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

JUNE 20, 2023

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

MARCH 30, 2025

March 25, 2025) Anthropic previously agreed to maintain its guardrails designed to prevent “output that reproduces, distributes, or displays, in whole or in part, the lyrics to compositions owned or controlled by Publishers, or creates derivative works based on those compositions.” Contributory Copyright Infringement.

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.)

Derivative Work 113

Derivative Work Art Copying Fair Use 113

IPilogue

AUGUST 29, 2022

After 28 years on air, it might be a surprise to see a new copyright infringement lawsuit filed against the song in Louisiana on June 3. Vance seeks $20 million dollars in damages for Carey’s failure to obtain permission to use Vance’s song to create a derivative work. 100 million albums and released 14 No.

Derivative Work 105

Derivative Work Copyright Infringement Music Copyright 105

Copyright Lately

SEPTEMBER 12, 2022

This means that if Alyssa has sold her hula hooping cat t-shirts to the public, I could take my own photographs of one of the shirts in order to list them on eBay without infringing Alyssa’s copyright in the underlying design. The local news could then take photos of the shirt to use in a story about what a lousy dad I am.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). All those rights belong exclusively to Plaintiffs under copyright law(see 17 U.S. All those rights belong exclusively to Plaintiffs under copyright law(see 17 U.S.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Kluwer Copyright Blog

NOVEMBER 8, 2021

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. Top 3 Kluwer Copyright Blog posts. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive).

Blogging 52

Blogging Non-Fungible Tokens Law IP 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. 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 112

Derivative Work Copying Copyright Infringement Copyright 112

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? Figure 1 – Microsoft Copilot reproducing an excerpt of a copyright-protected work. the third criterion).

Copyright 130

Copyright Higher Education Copyright Infringement Ownership 130

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. .

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Kluwer Copyright Blog

APRIL 3, 2024

For more details on the first instance decision as a whole, see our prior Kluwer blog post here. Tesco failed to do so and Lidl successfully argued that the part copied (the blue background with the yellow circle) formed a substantial part of the copyright work (the Mark with Text), and so Tesco was held liable for copyright infringement.

Copyright Infringement 49

Copyright Infringement Copyright Copying Artistic Work 49

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

Blogging 52

Blogging Law IP Fair Use 52

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. What is an Assignment of Copyright? For more visit: [link].

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

Kluwer Copyright Blog

JULY 24, 2024

If output works infringe copyright, who is responsible (e.g. prompt filtering) to try to reduce the risk of copyright infringement in outputs? In almost every model or service studied, the risk of copyright infringement in the output work was left, with some decisiveness, with the user.

Copyright 135

Copyright Ownership Social Media Licensing 135

Intellectual Property Law Blog

JUNE 5, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. . § Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

The IP Law Blog

MAY 5, 2022

To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did. He further alleged that Defendants knew or should have known that their acts constituted copyright infringement. This lawsuit was dismissed one month after it was filed.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

IP and Legal Filings

MAY 15, 2024

Main Blog Unlicensed use of any content registered under the Copyright Act, 1957 , violates the exclusive rights of the owner and amounts to copyright infringement. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display.

Licensing 98

Licensing Intellectual Property Ownership IP 98

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

Blogging 98

Blogging Copying Social Media Copyright 98

Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. social networks, OpenSea and Decentraland digital platforms).

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The Court in Campbell emphasized that transformative fair uses leave “breathing space” for next generation creations that build on the expression of pre-existing works.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

LexBlog IP

FEBRUARY 20, 2024

Stability AI —the case in which a group of visual artists sued the makers of several different generative AI platforms for copyright infringement—tossed most of the plaintiffs’ claims last year. We’ll share the results on our blog next week. But there are also many similarities.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

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. Trademark Ownership and Infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

BYU Copyright Blog

MAY 20, 2024

Not Past the Post Yet Commercial Educational Materials,University May 20, 10:08 AM May 20, 10:07 AM In October 2021, we first published a blog post on a case filed by Post University against Course Hero.

Derivative Work 52

Derivative Work Copyright Notice Settlement Ownership 52

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. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Fortunately, the status quo has been restored.

Copying 98

Copying Ownership Derivative Work Contracts 98

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IPilogue

SEPTEMBER 13, 2022

Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. The song writing duo seemed to have crossed the line when they began profiting off the Bridgerton brand.

Social Media 104

Social Media Music Intellectual Property Content Creation 104

BYU Copyright Blog

DECEMBER 5, 2022

Obtego agreed that they would not permit third parties to use the software and that any derivative works based on the software would belong to Alabama.After leaving Alabama, Heydari started to work with Obtego. We will continue with updates on this case when they become available.

Derivative Work 52

Derivative Work Ownership Copyright Infringement Licensing 52

Kluwer Copyright Blog

JUNE 16, 2021

Therefore, since Arty signed and agreed that he is not entitled to own rights over the “underlying musical composition” – the argument goes – he does not hold any standing to bring copyright infringement claims against them. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity.

Music 98

Music Copyright Law Copyright Law 98

BYU Copyright Blog

SEPTEMBER 20, 2021

The Professors allege that following this termination, the College has continued to use materials from the Work in its course offerings without the permission of the Professors. These uses have purportedly included violations of rights of reproduction, distribution, display, and preparation of derivative works.

Derivative Work 72

Derivative Work Privacy Copyright Infringement Registration 72

Kashishipr

JULY 13, 2022

wherein he held that a 3-D digital recreation of an actual Toyota vehicle purely recreated an already existing work in a new medium and therefore didn’t consist of any original expression that could obtain copyright protection. Toyota Motor Sales USA, Inc., Public Display and Performance. For more visit: [link].

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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] Goldsmith counterclaimed for copyright infringement. 4] ), and issued a new decision in which it reached the same result. [5].

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kashishipr

JUNE 16, 2021

Theft of Copyright: Generally, Copyright Infringement happens when an original film or artwork or musical work, or software code is reproduced (in whole or part) bearing similarity to the original work or has multiple and identifiable elements copied in a derivative work. For more visit: [link].

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

BYU Copyright Blog

MAY 24, 2022

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

SpicyIP

SEPTEMBER 4, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Wondering what IP developments took place last week? Highlights of the Week Image from here Microsoft Corporation V.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105