LexBlog IP

SEPTEMBER 12, 2023

For example, using copyrighted data for research might be considered Fair Use, but commercializing that data likely is not. Another area that requires attention is the distinction between Open Source and Copyrighted Material. Open Source material may seem safe and easy, but it has its licenses and restrictions.

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Traverse Legal Blog

SEPTEMBER 12, 2023

For example, using copyrighted data for research might be considered Fair Use, but commercializing that data likely is not. Another area that requires attention is the distinction between Open Source and Copyrighted Material. Open Source material may seem safe and easy, but it has its licenses and restrictions.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

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Music Derivative Work Fair Use Cease and Desist 101

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” Goldsmith counterclaimed for copyright infringement. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph.

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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. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Copyright Lately

JANUARY 31, 2023

What makes Astley’s case interesting is that Gravy and his record label obtained the appropriate copyright license to recreate the melody and lyrics from “Never Gonna Give You Up” (which Astley didn’t write and doesn’t control) for “Betty (Get Money).” ” 17 U.S.C. §

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LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” See 143 S. ” Id. ” Id.

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IPilogue

NOVEMBER 16, 2022

Chief Justice John Roberts and Justice Clarence Thomas also commented on Martinez’s arguments, albeit in more lighthearted terms.

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IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] Eastern Book Co.

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Kluwer Copyright Blog

JANUARY 16, 2024

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

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IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music.

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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.

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Velocity of Content

APRIL 11, 2024

Copyright and technology are not enemies, but instead can work together when there is respect for the copyright laws that encourage creation of the trusted content that technologies require. GenAI systems use copies of content like books and articles, many of which are protected by copyright, for training their LLMs.

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LexBlog IP

JUNE 5, 2023

” The license provided that the use would be for “one time” only. Vanity Fair commissioned Warhol to create the illustration, and Warhol used Goldsmith’s licensed photo to create a purple silkscreen portrait of Prince, which appeared with an article about Prince in Vanity Fair ’s November 1984 issue.

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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. That is far too hasty. 4] Authors Guild, Inc.

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Copyright Lately

OCTOBER 25, 2021

You can always get drunk and order random stuff on Amazon curl up with a scary book or Halloween-themed movie, game or music video that’s found its way into copyright history. So, without further ado, here are 13 Halloween-themed works that someone (hopefully other than you) got sued for. “Jap Herron” (1917).

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. Some of Randy Orton’s tattoos from Catherine Alexander’s copyright applications.

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Copyright Lately

APRIL 19, 2022

It certainly hasn’t helped that the same word is used in the Copyright Act to define a derivative work (a work that is “recast, transformed , or adapted” from a pre-existing work), which in the absence of fair use is reserved to the copyright owner. The case, Castle Rock Entertainment v. Clarence Thomas.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. Licensing is not found in 106. Then others used/licensed/profited from the new thing.

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SpicyIP

OCTOBER 2, 2023

The Conundrum of Naked Licensing Naked Licensing, aka “You Snooze, You Lose.” ” Conceptually, a lack of quality control mechanism while licensing TMs can result in the license being regarded as a naked license and the mark being deemed abandoned. The Bhaktivedanta Book Trust, India v.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Trump’s lawsuit alleges, however, that the consent he granted to Woodward was limited to publishing excerpts from the interviews in book form, and that he did not consent to publication of the sound recordings or of full transcripts thereof.

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The IP Law Blog

FEBRUARY 23, 2023

Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement.

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LexBlog IP

FEBRUARY 23, 2023

Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement.

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