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. Tarantino : The Bottom Line. View Fullscreen.

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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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Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

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Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

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IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. The news is replete with reports of brand owners—including McDonald’s , Crocs , and CVS —launching promotional NFT Drops or filing trademark applications covering NFTs.

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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. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. It was written with a distinct style and message.

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LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame.

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Copyright Lately

OCTOBER 25, 2021

The studio settled quietly out of court, so there’s no reported decision in this one. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it.

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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] 1] See Andy Warhol Found.

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SpicyIP

MAY 23, 2024

Eastern Indian Motion Pictures , ruled that under Section 17(b) and 17(c), Copyrights Act, 1957, once an original work becomes a part of a cinematograph film, the rights of the authors of underlying original work no longer subsist. Cut to almost 4 decades later, in 2012, the copyright laws in India were amended.

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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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43(B)log

SEPTEMBER 7, 2023

But this was a license to Microsoft, and Campbell argued that Microsoft wasn’t allowed to reproduce, distribute, and publish the Sowers photo as part of others’ advertising model (including news reporting). Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

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43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems.

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43(B)log

FEBRUARY 4, 2023

other suggestions: news reports, Billboard] Q: just because the music was by a Black musician doesn’t mean that it’s a Black musician who gets paid when a case about that music is resolved in the P’s favor. Team-authored works: dramatic, musical, audiovisual. Derivative work? What goes on in settlement?

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43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.” Benefits: it’s about copyright, not contract, law.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Although the general subject matter of the interview may have been outlined in the reporters’ minds prior to their meeting with plaintiff, the actual dialogue, including the unprepared responses of plaintiff, was spontaneous and proceeded in a question and answer format. Nation Enterprises , 723 F.2d 2d 195 (2d Cir. 17 U.S.C. §

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LexBlog IP

JANUARY 10, 2024

Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works. It is strange because that would mean that the unpublished portions would also be government works available for public use. So what do you do as a reporter? Woodward Motion Brief at 18-23.

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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. WMAQ Channel 5 Chicago , in which a Chicago television station videotaped a prison interview with a convicted sex offender in connection with a report on the lax regulation of summer camps.

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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. WMAQ Channel 5 Chicago , in which a Chicago television station videotaped a prison interview with a convicted sex offender in connection with a report on the lax regulation of summer camps.

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