JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. Training AI models using these works could infringe on these rights, especially without authorisation.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that?

Copyright 118

Copyright Artwork Moral Rights Non-Fungible Tokens 118

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. Among the tens of thousands of tattooers working in the United States, the tiny handful who have brought copyright infringement claims are rare outliers.

Blogging 136

Blogging Fair Use Copyright Infringement Copyright 136

Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Transformative use” is not mentioned in Section 107 of the Copyright Act but has been read into the first of four fair use factors. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

MAY 19, 2023

Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. AWF sued Goldsmith for declaratory judgment, including on fair use grounds, and Goldsmith countersued for copyright infringement. is (in copyright lingo) not ‘transformative.’”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

The IP Law Blog

JULY 6, 2023

The first fair use factor will now analyze whether the purpose of the use of the second work is different enough from the first to reasonably justify copying. Also, the court observed that “[c]riticism of a work…ordinarily does not supersede the objects of, or supplant, the work. Dodger Productions.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

The IPKat

DECEMBER 20, 2023

However, putting ourselves in the shoes of the artists whose voice and art are being used to feed a machine that will then copy everything that makes them who they are, it is not difficult to comprehend Bad Bunny's reaction. Did the track infringe Bad Bunny's rights? What other avenues do the artists have to fight AI-generated music?

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Music Social Media Copying Derivative Work 70

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. See, e.g., White v.

Copyright 48

Copyright Copying Copyright Infringement Editing 48

TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. In July, Triller filed its second amended complaint which added Teddy Fresh Inc.

Copyright 113

Copyright Fair Use Copyright Infringement Copying 113

LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. 4] “The larger the difference, the more likely the.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Trademark and Copyright Law Blog

APRIL 21, 2021

Oracle (owner of the copyrights originally held by Sun Microsystems) asserted that this use without permission was copyright infringement. It also put great weight on Oracle’s prior failures to enter the mobile phone market.

Copying 40

Copying Fair Use Copyright Marketing 40

LexBlog IP

JULY 6, 2023

The first fair use factor will now analyze whether the purpose of the use of the second work is different enough from the first to reasonably justify copying. Also, the court observed that “[c]riticism of a work.ordinarily does not supersede the objects of, or supplant, the work. .” Dodger Productions.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kashishipr

JULY 13, 2022

Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market. That said, solely artificial worlds won’t be denied copyright protection only because they are realistic.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Further in the case of Civic Chandran and Ors.

Personality Rights 80

Personality Rights Fair Use Privacy Intellectual Property Law 80

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.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

Blogging 97

Blogging Copying Social Media Copyright 97

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. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

MAY 31, 2023

She contacted AWF alleging infringement of her copyright in her photograph. In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Licensing Copyright Editing 52

IP Intelligence

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. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

Fair Use 105

Fair Use Licensing Music Art 105

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 85

Music Copyright Copying Copyright Law 85

Art Law Journal

JUNE 30, 2022

But, if the author writes a book where one of those kids is named Harry and has a scar on his head from the villain that tried to kill him as a baby, that author will probably receive a copyright infringement letter in the near future. . How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. All those rights belong exclusively to Plaintiffs under copyright law(see 17 U.S. or GPT-4) as part of its training data.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Trademark Ownership and Infringement. The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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.

Fair Use 97

Fair Use Derivative Work Blogging Licensing 97

Art Law Journal

JUNE 30, 2022

But, if the author writes a book where one of those kids is named Harry and has a scar on his head from the villain that tried to kill him as a baby, that author will probably receive a copyright infringement letter in the near future. . How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

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. ” Andy Warhol Foundation for Visual Arts, Inc.

Fair Use 52

Fair Use Licensing Art Music 52

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. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

Fair Use 40

Fair Use Licensing Music Art 40

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. That is far too hasty. Under governing law, that is a judicial function.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

SpicyIP

APRIL 15, 2024

Moreover, it is also necessary for the program to make copies of the information before it analyses it. As the worlds of GenAI and copyright collide, the issue before us is whether the use of copyrighted works through TDM for the training of GenAI amounts to copyright infringement?

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 78

Copying Ownership Derivative Work Contracts 78

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52