IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied.

Copyright 81

Copyright Copying Publishing Cinema 81

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 in the U.S.

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Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

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

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

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.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

TorrentFreak

SEPTEMBER 28, 2023

copyright law. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims.

Fair Use 99

Fair Use Copyright Copyright Infringement Derivative Work 99

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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 problem is not human, but the work In fact, the whole issue is not about a person, but about a work.

Copyright 138

Copyright Derivative Work Music Copying 138

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Copyright Lately

MAY 1, 2023

Uberduck’s interface allows users to upload reference tracks or even convert text directly to speech. First of all, in terms of copyright, to reiterate our very clearly articulated position. It isn’t human-readable and does not contain copies of any audio recordings. Most voice model files are actually quite small.)

Music 84

Music Copyright Copying Copyright Law 84

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 96

Blogging Copying Social Media Copyright 96

IP and Legal Filings

JUNE 29, 2024

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. Copyright laws also provide plausible remedies for enforcing one’s right to personality. Rajagopal v.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. These actions include reproducing, distributing, publicly performing, adapting, translating, making derivative works, creating copies of films or sound recordings, and communicating the work to the public.

Intellectual Property 67

Intellectual Property Invention Artistic Work Copyright 67

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Traverse Legal Blog

JANUARY 29, 2022

You’re getting a license to use, copy and display this item. “The license rights will tell the buyer that they are buying the NFT, but they are getting the license to the associated digital asset, which we will define as the works. We refer to the NFT sellers as the granter or licenser. Ownership of NFTs.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. What are Intellectual Property Rights (IPRs)?

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Copyright Lately

JANUARY 31, 2023

” Primary Wave licensed the right to use the “Never Gonna Give You Up” composition to Yung Gravy’s team, which allowed them to copy the lyrics and melody, but not to record the actual sounds from the sound recording. The Copyright Office is referring to 17 U.S.C. § This is because, under U.S.

Music 97

Music Copyright Licensing Copyright Infringement 97

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. Vicarious Copyright Infringement (17 U.S.C. §

Derivative Work 131

Derivative Work Copyright Infringement Copying Copyright 131

Technology & Marketing Law Blog

JUNE 20, 2023

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. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

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

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Buying Copyrights. 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.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 84

Copyright Law Art Copyright Law 84

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

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

LexBlog IP

OCTOBER 26, 2023

” OpenAI has responded to the Plaintiffs’ claims that OpenAI’s popular platform ChatGPT has infringed their copyright with disaster-laden references to Michael Jordan and “the future of artificial intelligence.” OpenAI reads like that old REM song, “The End of the World as We Know It.”

Copying 52

Copying Derivative Work Copyright Copyright Infringement 52

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 81

Non-Fungible Tokens Copyright Intellectual Property Ownership 81

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. It does demand, however, that no part of the work be plagiarised.

Copyright 91

Copyright Public Domain Copying Publishing 91

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.

Blogging 52

Blogging Law IP Fair Use 52

SpicyIP

MAY 23, 2024

However, J Krishna Iyer’s otiose , as he referred to it, footnote to the judgement highlighted the need for legislative exploration to protect the rights of musicians. He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.” What’s Next?

Music 59

Music Licensing Copyright Moral Rights 59

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. The SB then assessed whether Hulm Entertainment’s GUI can be protected as a work in itself.

Copyright 59

Copyright Marketing Marketing Copying 59

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JULY 21, 2021

Steel” (which is actually more a Godfather reference than a God one). Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy(ies) state that the work was inspired by a divine spirit.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52