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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

Fair Use 244
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Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

JIPEL Copyright Blog

It is an open legal question whether this would constitute an infringing derivative work. It adds new sections to the opening menu of the original game, allowing players to access the added online features. It also modifies the game itself through its netplay and rollback functionality.

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Top 3 posts of the autumn from our IP law blogs

Kluwer Copyright Blog

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. ” Top 3 Kluwer Trademark Blog posts. here and here).

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

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.”

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Copyright Catfight?

BYU Copyright Blog

The University disputed that Boyages owns all copyright in and has exclusive rights over the contested work. It is important to note that Boyages claimed that her logo was original and not a derivative work. They also admitted displaying the logo as described by Boyages but did not believe such use was unlawful.

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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

Acuff-Rose Music could not be interpreted to mean that fair use defense could be applied to works so broadly as to include works that share substantially the same purpose and use, including the commercial nature.

Fair Use 130
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Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Kluwer Copyright Blog

Hence, the panel concluded that the Warhol works had made unfair use of Goldsmith’s photograph. The Goldsmith case raises the very tricky question about how to distinguish transformative fair uses from transformative adaptations that infringe the derivative work right. More from our authors: Law of Raw Data.