The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. You can't judge a book from its cover". True, except when a book and its cover are involved. But of course.

Art 134

Art Artwork Copying Moral Rights 134

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

Look no further than this year’s top contenders for examples of this, including Oppenheimer , American Fiction , Killers of the Flower Moon , Poor Things (all based on books)—and, of course, Barbie. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be?

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Derivative Work Licensing Copyright Copyright Law 64

Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Technology & Marketing Law Blog

NOVEMBER 21, 2023

This is another preliminary ruling in the copyright battle over generative AI. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. The post Facebook’s LLaMa Defeats Copyright Claims–Kadrey v.

Derivative Work 116

Derivative Work Copyright Copyright Law Copying 116

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

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).

Derivative Work 135

Derivative Work Copyright Infringement Copying Copyright 135

TorrentFreak

AUGUST 29, 2023

In their lawsuit filed in June , book authors Paul Tremblay and Mona Awad accused OpenAI of direct and vicarious copyright infringement, among other things. “The books aggregated by these websites have also been available in bulk via torrent systems. Derivative? ” the authors wrote. .”

Copyright Infringement 126

Copyright Infringement Copyright Fair Use Derivative Work 126

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.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

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. Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. But if purchasing a creative work does not give you rights to reproduce it, what does?

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

IP and Legal Filings

DECEMBER 23, 2024

RELEVANT LAWS While the Fair Use of Copyright Doctrine has been codified under Section 52 of the Indian Copyright Act, 1957, Indian courts frequently assess the facts and circumstances of each case by referring to the four doctrinal factors laid under Section 107 of the US Copyright Law. Google, Inc.,

Fair Use 52

Fair Use Derivative Work Journalism Copyright Infringement 52

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

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. East Coast Foods, Inc., 3d 1148.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

Copyright Lately

JANUARY 23, 2023

In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. The Copyright Act Definition is Broad, But. You’d be wrong.

Derivative Work 111

Derivative Work Art Copying Fair Use 111

TorrentFreak

SEPTEMBER 28, 2023

They accuse OpenAI of using books as training data, without permission, relying on datasets that were sourced from pirate sites. Fair use is a defense that is typically not used to dismiss copyright infringement claims before they’re properly argued. copyright law.

Fair Use 122

Fair Use Copyright Copyright Infringement Derivative Work 122

Intepat

FEBRUARY 3, 2025

Fanfiction is when people write new stories using characters, settings, or plots from their favorite books, movies, or shows. However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. Without this, fanfiction could technically violate copyright laws.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

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. nThe book and the copyright ownership are two distinct things.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Copying Ownership 97

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. This is, after all, supposed to be a copyright case.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

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. Rather than simply defend (or settle) Vila’s copyright claim, Deadly Doll filed a counterclaim, asserting that Vila was the true infringer.

Copyright 102

Copyright Derivative Work Artwork Fair Use 102

BYU Copyright Blog

MAY 24, 2022

Sometime after this, Pepperdine allegedly took the Photo without authorization, cropped it, and used it as the cover of "The Orange Book: 2021 Academic Planning Guide" (the "Guide") a publication of the Pepperdine Caruso School of Law.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Originality Though the term or concept of ‘originality’ is not defined under the Act, Section 13(a) specifies that the work should be ‘original’. Judgment | Law | CaseMine [4] 17 U.S.

Copyright 105

Copyright Artistic Work Copyright Law Art 105

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IPilogue

DECEMBER 20, 2021

In Japan, cosplay can be a fruitful endeavour, with successful professional cosplayers earning upwards of $90,000 a month from public appearances, merchandise, photo books, and more. Luckily for most cosplayers, their costumes likely do not infringe copyright laws. Unfortunately, laws around fanfiction and fanart are not clear.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Velocity of Content

NOVEMBER 4, 2024

Here’s why: Legal Compliance: By obtaining proper licenses, businesses can take measures to stay on the right side of copyright law when using AI tools. Ethical Considerations: Licensing acknowledges and provides remuneration to creators for the value of their work, which contributes to AI advancements. .”

Licensing 52

Licensing Copyright Business Reporting 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. That is one expensive book.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v.

Copyright 138

Copyright Derivative Work Music Copying 138

Velocity of Content

AUGUST 9, 2022

Often, copyright owners and users have to analogize to works as diverse as music and books when assessing whether something is fair use, and a Supreme Court case regarding visual works could be helpful in developing law more specific to that oeuvre. . federal copyright law)?

Fair Use 98

Fair Use Licensing Derivative Work Art 98

IP and Legal Filings

MAY 3, 2024

Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

Fair Use 105

Fair Use Copyright Privacy Copying 105

SpicyIP

JUNE 26, 2024

Data published by the World Blind Union in 2014 indicated that less than 10% of published material was available in accessible format for persons with visual impairment, and most such material was only available in English, thereby leading to a ‘book famine’.

Copyright 81

Copyright Copying Publishing Cinema 81

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).

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” First, as far as copyright cases go, this one’s easy. Petrella v. Metro-Goldwyn-Mayer, Inc. , 1962, 1976 (2014).

Music 109

Music Derivative Work Fair Use Cease and Desist 109

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. It does demand, however, that no part of the work be plagiarised. It must be the author’s original work. can have copyright.

Copyright 98

Copyright Public Domain Copying Publishing 98

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12]

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Fair Use Derivative Work Art Licensing 97