The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. AI-generated music has also taken music platforms such as Spotify by storm. Did the track infringe Bad Bunny's rights?

Music 70

Music Social Media Copying Derivative Work 70

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.,

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images. You’d be wrong.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

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Copyright Copying Derivative Work Licensing 120

Copyright Lately

AUGUST 2, 2022

But this time, Netflix is the one doing the suing, and it’s targeting the creators of “ The Unofficial Bridgerton Musical ” with what I’ll call “The Official Bridgerton Musical Copyright Infringement Lawsuit” (read here). Okay, But What if Bridgerton Was a Musical?

Music 102

Music Derivative Work Fair Use Cease and Desist 102

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. That “data” typically includes other creators’ copyrighted material. What is a Derivative Work?

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Derivative Work Copyright Fair Use Copyright Law 59

IPilogue

MAY 26, 2022

Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. Music, Def Jam Recordings and Universal Music Group. The fair use defence is rarely used in music sampling cases.

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Fair Use Copyright Infringement Copyright Music 111

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

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Fair Use Derivative Work Copying Licensing 52

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. The painter makes his own brush marks," while in music "sounds replace the lines and colour."

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Copyright Derivative Work Music Copying 138

LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing. Goldsmith Navigating the Future Legal Landscape Warhol v.

Fair Use 52

Fair Use Art Licensing Derivative Work 52

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Within the case of CIT v.

Copyright 52

Copyright Intellectual Property Copying Music 52

LexBlog IP

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.,

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

TorrentFreak

JANUARY 6, 2023

Schneider’s first amended complaint alleged that YouTube and its users infringed her copyrighted musical compositions and sound recordings, and that YouTube facilitated infringement by removing copyright management information (CMI) from her copyright works, in violation of the DMCA.

Copyright 114

Copyright Music Licensing Publishing 114

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work?

Copyright 105

Copyright Registration Music Copyright Law 105

The IP Law Blog

JULY 6, 2023

Prior to this case, the focus has been on the transformative nature of the work itself. in other words, whether and to what extent the new work is transformative.” 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.

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Fair Use Derivative Work Copying Licensing 52

Copyright Lately

JANUARY 31, 2023

Already a fixture on the pop charts and in the world of bait-and-switch hyperlinks, Astley is now looking to make history yet again, this time with a new lawsuit that may put a damper on the music industry’s latest nostalgia kick. Gravy and his team couldn’t get a license to sample the master recording. “So,

Music 97

Music Copyright Licensing Copyright Infringement 97

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. The other opinion maintains that the copyright is only established once the NFT is minted. The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

IPR Protection of Software in India Legislations that do Software protection in India are: The Copyright Act of 1957 addresses copyright protection, safeguarding original literary, artistic, musical, dramatic works and computer programs. As per the definition, the computer program comes under copyright law.

Intellectual Property 67

Intellectual Property Invention Artistic Work Copyright 67

JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine. 569 (1994).

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Derivative Work Fair Use Copyright Marketing 45

The IPKat

JANUARY 18, 2023

The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.)

Artwork 80

Artwork Contracts False Advertising Art 80

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] 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

IP Intelligence

JUNE 7, 2023

Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Goldsmith , 598 S.

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. The other opinion maintains that the copyright is only established once the NFT is minted. The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IP and Legal Filings

JUNE 29, 2024

Entertainment, a company incorporated by the famous music composer, singer and lyrist Daler Mehndi, sought a permanent injunction prohibiting infringement of his publicity rights and deceptive endorsements that could result in passing off. Copyright laws also provide plausible remedies for enforcing one’s right to personality.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

Technology & Marketing Law Blog

JUNE 20, 2023

Acuff-Rose Music, Inc. , 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. 569 (1994). 102(a)(5) , a category that is defined to include photographs, 17 U.S.C.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

LexBlog IP

JUNE 7, 2023

Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Goldsmith , 598 S.

Fair Use 40

Fair Use Licensing Music Art 40

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 96

Fair Use Copyright Privacy Copying 96

Velocity of Content

APRIL 11, 2024

Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims. Copyright and technology are not enemies, but instead can work together when there is respect for the copyright laws that encourage creation of the trusted content that technologies require.

Licensing 52

Licensing Fair Use Copying Copyright 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.

Music 59

Music Licensing Copyright Moral Rights 59

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 136

Copyright Copyright Law Fair Use Law 136

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. In law, the quality of an idea’s expression is given more weight. It does demand, however, that no part of the work be plagiarised. can have copyright.

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Copyright Public Domain Copying Publishing 91

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. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Here are the most popular posts over the past few months.

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Blogging Law IP Fair Use 52