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.

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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.

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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.)

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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.

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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.

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Copyright Derivative Work Artwork Fair Use 105

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).

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Blogging Non-Fungible Tokens Law IP 52

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. .

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Copyright Television Copyright Infringement Derivative Work 122

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).

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Copyright Higher Education Copyright Infringement Ownership 130

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.

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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?

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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].

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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.

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Copyright Ownership Social Media Licensing 135

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.

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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.”

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Blogging Copying Social Media Copyright 98

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.

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Derivative Work Copyright Infringement Social Media Copyright 52

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.

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Derivative Work Copyright Notice Settlement Ownership 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

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

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.

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Copying Ownership Derivative Work Contracts 98

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].

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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].

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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].

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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.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

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 138

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. William Blair & Co. ,

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Copyright Copying Copyright Infringement Editing 71

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Without this, fanfiction could technically violate copyright laws.

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Intellectual Property Copyright Law Copyright Law 52

LexBlog IP

DECEMBER 21, 2021

Supreme Court precedent to sort of “reclaim” the copyright. Republic claimed that the film was a derivative work of both the film’s musical score and The Greatest Gift , the short story on which It’s a Wonderful Life is based. Republic Pictures, NTA’s successor, was finally able in 1993 to use U.S.

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Copyright Public Domain Derivative Work Intellectual Property 40

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Ruling in a case previously discussed on this blog , the U.S.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. The post NFTs: New Frontiers for Trademarks appeared first on Global IP & Technology Law Blog.

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JIPEL Copyright Blog

MARCH 21, 2022

It is therefore possible that TOs would be liable for some form of secondary liability of copyright infringement. It is an open legal question whether this would constitute an infringing derivative work. The second issue comes from Slippi itself.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

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IPilogue

NOVEMBER 16, 2022

The judges somewhat pushed back against this argument.

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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. Trademark Ownership and Infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

JUNE 7, 2023

If any of these cases challenging the use of copyright-protected works in generative AI outputs or in developing generative AI models is successful, it could have significant implications for the future of generative AI, which relies on large and diverse datasets in order to provide accurate and unbiased results.

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Licensing Copyright Notice Copyright Privacy 52

Selvam & Selvam Blog

SEPTEMBER 23, 2024

While both cover song and remix attract copyright implications, we focus on the laws pertaining to remix in this blog. Section 14 of the Copyright Act, 1957 provides all rights, including further development, translation, reproduction, publication, communication to the public among others, exclusively to the owner of the work.

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IP Licensing Cease and Desist Music 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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LexBlog IP

AUGUST 23, 2023

Though articles about many of those, or related, issues have appeared here in the past, they present issues that will not be solved, or even too well-defined, in this August blog post. Warhol , at 1283-84 ] This paragraph asks the judge, or the art critic, to carry out their tasks, and consider the meaning of a work. ” Id.

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