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Contracts Copyright Derivative Work 
Traverse Legal Blog
NOVEMBER 25, 2024
The infringer owes at a minimum a reasonable royalty to the copyright holder. Enrico Schaefer, Copyright & Litigation Attorney. What Is Accidental Copyright Infringement. 2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law.
Intepat
OCTOBER 23, 2024
In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators.
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Intepat
MAY 24, 2023
Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.
BYU Copyright Blog
JANUARY 27, 2025
Four years ago, we first published a post about an intriguing case involving two education consulting firms litigating over an online excerpt published on the website of Lehren Education (Defendant), which Ivy Coach (Plaintiff) alleged had been improperly copied, infringing on its copyrights.
52 
TorrentFreak
MAY 11, 2023
’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. has the right to disaffirm any contract within a reasonable time of becoming an adult. As it happened, he had already declared all contracts with Bungie null and void. With no enforceable contract between L.L.
143 
LexBlog IP
AUGUST 31, 2021
Copyright ownership is often referred to as a “bundle of rights.” ” “Derivative Works” are exactly what they sound like – new copyrightable works of art based on some pre-existing material. First and foremost, grant third-parties the right to create derivative works sparingly.
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. Bottom Line.
279 
TorrentFreak
SEPTEMBER 29, 2022
is further accused of selling Bungie emblems on third-party platforms and using cheating software that modifies the Destiny 2 game, violates the DMCA’s anti-circumvention provisions, and creates infringing derivative works. has indeed rendered the contract void ab initio. Stronger Copyright Claims Coming Right Up.
136 
Copyright Lately
OCTOBER 25, 2021
Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again! Skully Curly.
145 
IP and Legal Filings
JANUARY 23, 2023
Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. Image Sources : Gettyimages] One of the important issues in online is copyrights. One such area where copyright violations are common is the internet. These advantages can be made profitable for the owner.
TorrentFreak
JULY 17, 2022
The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. ” Causes of Action. And there’s more.
144 
Kluwer Copyright Blog
DECEMBER 5, 2022
Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.
105 
Copyright Lately
NOVEMBER 21, 2021
Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs. Frankly, it’s barely a dispute about copyrights.
128 
The IPKat
JUNE 27, 2022
created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. There is no certification that the creator is really who they claim to be or that they legally own the copyright or any other IP right on the digital file linked to the NFT.
TorrentFreak
JUNE 22, 2022
Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.
Technology & Marketing Law Blog
OCTOBER 6, 2022
Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Aaron Moss has a thoughtful breakdown of the court’s seeming mishandling of the Alexander case at Copyright Lately. by guest blogger Aaron Perzanowski , University of Michigan Law School.
144 
Copyright Lately
MAY 6, 2022
Just don’t forget about real world copyright law. ? If you remember just a few concepts that I’ll discuss in this post, you’ll be way ahead of the game when it comes to buying, selling and exploiting creative works, whether it’s in the metaverse or here in the boring old regularverse. Buying Copyrights.
Technology & Marketing Law Blog
JUNE 20, 2023
Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. 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”).
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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. Learn more about NFT Copyright Issues here. The NFT is a smart contract coded with the NFT. What Are NFTs?
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.
71 
TorrentFreak
MAY 17, 2022
You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. Copyright Law and DRM.
145 
Copyright Lately
FEBRUARY 20, 2022
Nearly a year after a screenwriter’s lawsuit over Disney’s “Muppet Babies” reboot was dismissed, the trustee of Jeffrey Scott’s bankruptcy estate has filed a new complaint alleging copyright infringement in a production bible and scripts from the original series. The Walt Disney Company. Ehrenberg , Ch.
87 
Technology & Marketing Law Blog
JANUARY 12, 2024
Instead of asserting copyright and trademark claims, they tried trespass to chattels. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Why are we revisiting this crusty old topic?
98 
The IPKat
JANUARY 18, 2023
In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.
82 
Technology & Marketing Law Blog
JUNE 17, 2023
What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. This will make it hard to prove damages.
132 
SpicyIP
SEPTEMBER 4, 2023
SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023. Star India Pvt.
105 
Technology & Marketing Law Blog
OCTOBER 19, 2021
WhenU concluded that copyright was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. A website can own the copyrights to the HTML code and the files that users download. That’s the purview of copyright–or not restricted at all. Wells Fargo v.
105 
Traverse Legal Blog
JANUARY 29, 2022
Typically, the NFT links out through a URL embedded into the smart contract that goes into the Ethereum blockchain (to a website, database, group of servers, or peer-to-peer servers) to offer up that digital asset and identify what is associated with the NFT. The person selling is not assigning you the copyright.
102 
LexBlog IP
MAY 19, 2023
Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]
52 
43(B)log
FEBRUARY 3, 2023
Rosen, Fog and Fiction and Copyright Term Extension aka Who Framed Mickey Mouse? MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Zahr Said, Shotgun Damages in Copyright Multipliers used to ratchet up damages.
45 
43(B)log
FEBRUARY 4, 2023
Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. I could think that copyright is relatively neutral in an incredibly sexist society.
49 
Intepat
MAY 17, 2024
Copyrightability of Prompts Prompt engineering is recognized as essential for harnessing the full potential of generative AI technologies, as it optimizes the interaction between humans and AI systems. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.
52 
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.
52 
SpicyIP
MAY 23, 2024
Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.
59 
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. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.
62 
Traverse Legal Blog
SEPTEMBER 28, 2023
Unlike traditional proprietary software, SaaS or PaaS business models where license terms can often be renegotiated or amended in subsequent contract cycles, open-source licensing is far less forgiving of afterthoughts. Usually, this is an irrevocable license or assignment of copyright and patent rights to the project managers.
52 
43(B)log
SEPTEMBER 7, 2023
15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.
59 
LexBlog IP
JUNE 7, 2023
GitHub in the Context of Other Generative AI Lawsuits and the Implications for the Future of Generative AI This suit against GitHub’s Copilot is just one of many copyright-related lawsuits brought against makers of different generative AI systems. GitHub, Inc. et al , No. 4:2022cv06823) alleging a large number of claims. et al , No.
52 
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. Copyright Claims: Roc-A-Fella Records Inc.
LexBlog IP
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. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.
52 
Velocity of Content
DECEMBER 4, 2024
The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. If so, infringement may occur unless an exception applies or the LLM did not have access to the original work.
43(B)log
AUGUST 9, 2024
Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Appropriating the “core” of a work is not infringing in the absence of substantial similarity.there are also cases suggesting ©ability of style: Steinberg, saying style is part of expression. Copyright attaches to works, not ouvres.
59 
LexBlog IP
SEPTEMBER 28, 2023
Unlike traditional proprietary software, SaaS or PaaS business models where license terms can often be renegotiated or amended in subsequent contract cycles, open-source licensing is far less forgiving of afterthoughts. Usually, this is an irrevocable license or assignment of copyright and patent rights to the project managers.
40 
Kluwer Copyright Blog
JUNE 16, 2021
Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. Arty worked on the original masters produced by OneRepublic, crucially adding his own creative elements, i.e. a derived composition (‘Arty Elements’). Background and decision. CBS ( Case No.
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