Blog, Copyright Law, Derivative Work and Ownership

Remixing and Remastering Music in US Copyright Law: Some Reflections after Arty v Marshmello

Kluwer Copyright Blog

JUNE 16, 2021

Gutierrez held that Arty had contractually given up ownership of the rights over remix composition, and therefore had no grounds to sue. The Remixer Declaration provides that Arty does not have any ownership or financial interest in the “underlying musical composition” embodied in the Remix Master. Background and decision.

Music

Music Copyright Law Copyright Law

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

IP Protection of NFTs: A Comparative Look at the US and China

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. Ownership and Enforcement.

IP

IP Ownership Non-Fungible Tokens Copyright Law

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

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

Music Copyright Derivative Work Ownership

IP Protection of NFTs: A Comparative Look at the US and China

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. Ownership and Enforcement.

IP

IP Ownership Non-Fungible Tokens Copyright Law

Buying an NFT? You are not buying what you think.

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. Learn more about NFT Copyright Issues here. nThe book and the copyright ownership are two distinct things.

Non-Fungible Tokens

Non-Fungible Tokens Licensing Ownership Copying

Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

Ownership

Ownership Confidentiality Contracts Copyright

What are the intellectual property rights for startups?

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property

Intellectual Property Cease and Desist Invention Branding

Licensing NFTs: You Need to Know Who Owns What You’re Selling

Traverse Legal Blog

JANUARY 29, 2022

The person who buys that NFT becomes the owner, and they can transfer ownership later, and that person becomes the new owner, and so on” -Enrico Schaefer, NFT Attorney. In this example, you are not purchasing the copyright to this photo, as the website says, “Copyright ownership remains with the owner.”

Licensing

Licensing Non-Fungible Tokens Copyright Copying

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

Licensing

Licensing Copyright Contracts Advertising

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. Plaintiffs attach each of these licenses to the complaint.

Blogging

Blogging Licensing Privacy Copyright Notice

Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

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. ” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Fortunately, the status quo has been restored.

Copying

Copying Ownership Derivative Work Contracts

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

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

Copyright Derivative Work Fair Use Copyright Law

Generative AI, Copyright and the AI Act

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

Copyright Copyright Law Fair Use Law

Bill Cornish Memorial Lecture – Author as Revenue Sharer

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S

Contracts

Contracts Derivative Work Intellectual Property Music

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

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

Intellectual Property Invention Trademark Copyright

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? Second, if so, who is the initial owner of the copyright(s)? Third, is Trump’s claim of ownership barred by 17 U.S.C.

Copyright

Copyright Blogging Publishing Fair Use

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters.

Ownership

Ownership Copyright Government Intellectual Property

Intellectual Property Pulse

Remixing and Remastering Music in US Copyright Law: Some Reflections after Arty v Marshmello

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Trending Sources

IP Protection of NFTs: A Comparative Look at the US and China

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

IP Protection of NFTs: A Comparative Look at the US and China

Buying an NFT? You are not buying what you think.

Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

What are the intellectual property rights for startups?

Licensing NFTs: You Need to Know Who Owns What You’re Selling

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Generative AI, Copyright and the AI Act

Bill Cornish Memorial Lecture – Author as Revenue Sharer

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

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