Kluwer Copyright Blog

JUNE 5, 2023

Many copyright professionals had hoped that the Court’s Goldsmith decision would articulate a workable standard for distinguishing transformative fair uses from infringing derivative works. After all, many derivative works (say, a movie made from a novel) will add something new and convey some new meanings or messages.

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Derivative Work Fair Use Licensing Art 87

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.

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Art Artwork Copying Moral Rights 134

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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Derivative Work Copyright Infringement Copying Copyright 131

TorrentFreak

FEBRUARY 13, 2024

These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component. The general vision was that the plaintext collection of more than 195,000 books, which is nearly 37GB in size, could help AI enthusiasts build better models.

Copyright Infringement 136

Copyright Infringement Copyright Derivative Work Copying 136

Technology & Marketing Law Blog

NOVEMBER 21, 2023

.” The plaintiff copyright owners are three book authors suing on behalf of a class, including GenXer icon Sarah Silverman. This short opinion squarely addresses when AI training models constitute derivative works. Remember her appearance in Star Trek Voyager? And who can forget her appearance in the Aristocrats? ).

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Derivative Work Copyright Copyright Law Copying 116

JD Supra Law

FEBRUARY 9, 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. By: Foley Hoag LLP - Trademark, Copyright &

Derivative Work 72

Derivative Work Art Trademark Copyright 72

Plagiarism Today

SEPTEMBER 14, 2022

Many artists have found their work in the libraries of different AI systems and have expressed anger over it. Though every AI is different in how it operates, some feel that AIs are not creating new works, but creating derivative works based on existing images. Whether that is true under the law has not been tested.

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Art Artwork Plagiarism Derivative Work 349

Plagiarism Today

JANUARY 3, 2022

The lawsuit claimed that the site was offering illegal downloads of their books and specifically targeted two Ukrainian nationals as the operators. Finally today, The Associated Press reports that, with the new year, several prominent works are lapsing into the public domain including the Ernest Hemingway novel The Sun Also Rises and A.A.

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Public Domain Music Derivative Work Licensing 203

SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Several users could borrow a scanned book at once. Tanishka is an advocate at the High Court of MP.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

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. Though there are some clues.

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Copyright Derivative Work Copying Copyright Infringement 98

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. Soon after, writer/comedian Sarah Silverman was joined by authors Christopher Golden and Richard Kadrey in an identical suit which also accused OpenAI of using books as training data.

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Copyright Infringement Copyright Fair Use Derivative Work 129

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?

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Copyright Intellectual Property Derivative Work Copying 98

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.

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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. You’d be wrong. The Copyright Act Definition is Broad, But. 17 U.S.C. §

Derivative Work 107

Derivative Work Art Copying Fair Use 107

Velocity of Content

JUNE 8, 2022

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. All copyrights, except one, expire.*.

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Derivative Work Public Domain Copyright Fair Use 105

IPilogue

NOVEMBER 8, 2021

However, I recall certain books had the answers in them. Although answers, the textbook usually gave one- or two-worded answers to those dreadful questions that ended with “explain your answer” or “show all your work.” Homework and studying for school have come a long way over the years. Code, subsection 101 , states: . “

Copyright Infringement 105

Copyright Infringement Derivative Work Copyright Copying 105

TorrentFreak

SEPTEMBER 28, 2023

They accuse OpenAI of using books as training data, without permission, relying on datasets that were sourced from pirate sites. In addition to using copyrighted works for training data, the LLM models themselves are also infringing derivative works, and the same applies to the output of the models.

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Fair Use Copyright Copyright Infringement Derivative Work 126

Copyright Lately

NOVEMBER 8, 2022

That’s when a whole slew of popular books, stories and films first copyrighted in 1927 will enter the public domain in the United States. At the same time, those aspects of the character’s evolution that don’t appear until later works may still be eligible for copyright protection.

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Public Domain Derivative Work Copyright Social Media 145

The IPKat

JULY 2, 2021

People create books, or movies, to be read, or viewed, by others. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. But they are a rare breed.

Derivative Work 70

Derivative Work Copyright Publishing 70

Traverse Legal Blog

JANUARY 26, 2022

The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. nThe book and the copyright ownership are two distinct things. See article below).

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Non-Fungible Tokens Licensing Ownership Copying 97

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Its main purpose is to help structure the discussion. Copyright 1. Fair dealing c.

IP 116

IP Derivative Work Intellectual Property Art 116

IP Watchdog

DECEMBER 20, 2024

This week on Other Barks & Bites: the Second Circuit affirmed a district courts summary judgment dismissing trademark infringement claims against PepsiCos MTN Dew Rise Energy drink; witnesses urged the House IP Subcommittee to address long-standing unfair practices in China related to standard-essential patents; the Senate holds a hearing on RESTORE, (..)

Derivative Work 52

Derivative Work IP Copyright Licensing 52

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

The IPKat

JANUARY 26, 2023

This phenomenon illustrates the commercial potential of derivative works within the copyright system. Most of the chapters of this book cover core issues of patent law. Hayleigh Bosher announced the IPKat Book of the Year Awards 2022 winners. Neil Wilkof focused on the phenomenon of the cross-media franchise.

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Derivative Work Invention Registration Related Rights 76

Plagiarism Today

SEPTEMBER 28, 2022

We’ve seen this first hand Nick Simmons and his Incarnate book , Greg Land and his work on the new Alien series and Butch Hartman with a commissioned piece. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced.

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Plagiarism Copying Publishing Derivative Work 205

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. The breathless media reports soon followed. Is the Sale of a Single Item a “Publication”?

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

Plagiarism Today

SEPTEMBER 28, 2021

” 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. To that end, the court sided with Goldsmith, likening the Warhol paintings to a movie based upon a book, rather than the creation of a new, transformative work.

Fair Use 249

Fair Use Non-Fungible Tokens Copyright Derivative Work 249

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 98

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.

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Derivative Work Copyright Moral Rights Copyright Law 52

Copyright Lately

MAY 6, 2022

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. You can also tell your book club that you read it even though you really stopped at page 136. That is one expensive book.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Copyright Lately

DECEMBER 24, 2023

Teresa La Dart, the author of a 2010 poetry book called Lover , filed a copyright infringement lawsuit over a companion book for Swift’s 2019 album of the same name. They also have similar inner book designs because—wait for it—photographs and writings are “interspersed.” You know, like a book.

Copyright 105

Copyright Copyright Infringement Music Fair Use 105

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 144

Copyright Cinema Copying Copyright Infringement 144

Velocity of Content

MARCH 16, 2023

One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent.

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Litigation Fair Use Copying Derivative Work 98

43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

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Derivative Work Fair Use Art Copying 72

Technology & Marketing Law Blog

OCTOBER 6, 2022

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis.

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Blogging Fair Use Copyright Infringement Licensing 144

The IPKat

SEPTEMBER 24, 2023

In my opinion, there has never been any talk of such works, because that would be the same as talking about non-distinctive trademarks. 340 (1991) , Case C-5/08, Infopaq (2009) , Eastern Book v. They therefore introduced additional rights for derivative works, such as translations, film adaptations or musical arrangements (pp.

Copyright 138

Copyright Derivative Work Music Copying 138

LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

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Derivative Work Copyright Copyright Infringement Copying 52