Kluwer Copyright Blog

JUNE 16, 2021

US copyright law does not protect remasters, as they lack originality. In this case the US Court of Appeals held that digitally remastered sound recordings could not be protected by federal copyright law. 2018 New York University Law Review, p. From remixes to remasters. CBS ( Case No. 16-55917 ), confirmed that.

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Music Copyright Law Copyright Law 98

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?

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Blogging Law IP Fair Use 52

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

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.

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Derivative Work Copyright Infringement Copying Copyright 130

Technology & Marketing Law Blog

JUNE 17, 2023

According to the court: “Copyright law restricts the removal or alteration of copyright management information (“CMI”) – information such as the title, the author, the copyright owner, the terms and conditions for use of the work, and other identifying information set forth in a copyright notice or conveyed in connection with the work.”

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Blogging Licensing Privacy Copyright Notice 132

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

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Fair Use Derivative Work Artwork Copyright Law 98

Kluwer Copyright Blog

AUGUST 13, 2023

The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published. Even if the plaintiffs did not consent to the use of their copyrighted books as training dataset, their copyrighted materials were ingested and used to train ChatGPT.

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Copyright Derivative Work Copying Copyright Infringement 98

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.

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Copyright Derivative Work Artwork Fair Use 95

Copyright Lately

JANUARY 23, 2023

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.) This allegation is factually flawed and legally suspect; it’s also overreaching in a way that could actually undermine the work of many artists who are members of the proposed class.

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Derivative Work Art Copying Fair Use 106

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

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? I. GenAI at odds with copyright law? the third criterion).

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Copyright Higher Education Copyright Infringement Ownership 122

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

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way. At this point, this speculation seems a little premature.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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

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 89

Copying Ownership Derivative Work Contracts 89

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

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’.

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Non-Fungible Tokens IP Ownership Contracts 98

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

The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

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Derivative Work Copying Copyright Infringement Copyright 112

Intepat

OCTOBER 23, 2024

This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age. Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works.

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Moral Rights Copyright Intellectual Property Copyright Law 52

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

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Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

MARCH 7, 2022

Nonetheless, the 1909 Act required that the work be registered with the U.S. Copyright Office before an infringement lawsuit could be filed. (For For more details, see the section “A Brief History of Copyright Registration” in my previous blog post.). 881 (2019), and my previous blog post. 17 U.S.C. §

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Registration Blogging Copyright Design 90

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 63

Music Copyright Derivative Work Ownership 63

Olartemoure Blog

APRIL 14, 2023

However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work. The decision focused on the fact that the sweatpants worn by Shayk were not a pre-existing work, but rather a “useful article.”

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Branding Brands Branding Derivative Work 52

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

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.

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Social Media Music Intellectual Property Content Creation 104

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.

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Copyright Copyright Law Fair Use Law 135

LexBlog IP

DECEMBER 21, 2021

Under copyright law in the 1940s, copyrights registered for an initial 28-year period, and that period could then be renewed for an additional 28 years with proper filings. Supreme Court precedent to sort of “reclaim” the copyright. Why then did the film turn into the Christmas classic we know today?

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Copyright Public Domain Derivative Work Copyright Law 40

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. How your AI interacts with data can have significant legal implications.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Velocity of Content

SEPTEMBER 2, 2021

In the second , I looked at the group registration procedures – recently made available by the US Copyright Office – which are specifically useful to bloggers and to managers of blog sites. In the third , I looked at the copyright options currently available for podcasters.

Copyright 116

Copyright Licensing Derivative Work Social Media 116

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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Derivative Work Fair Use Copyright Marketing 45

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?

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Copyright Registration Music Copyright Law 105

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.

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Copyright Law Art Copyright Law 83

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

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

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. The right to create derivative works. The right to make movies out of it. The digital asset.

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Non-Fungible Tokens Licensing Ownership Copying 97

The IP Law Blog

SEPTEMBER 28, 2023

Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original. 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