The IPKat

JUNE 27, 2022

The IPKat is pleased to host the guest contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on a very recent development concerning NFTs and IP. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. In other words, the “old” IP rights (copyright, trade marks, etc.) remain fully applicable to NFTs.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IPilogue

NOVEMBER 8, 2021

Chegg works by hiring freelance workers to prepare step-by-step processes to answer the questions at the end of each chapter of Pearson textbooks. Nicole Haff , a litigation partner at Romano Law PLLC, states, “ answers to study guides and explanations to study guide questions are not protected as derivative works under the Copyright Act.”

Copyright Infringement 105

Copyright Infringement Derivative Work Copyright Copying 105

Intellectual Property Office Blog

JULY 29, 2021

This is a great example of Molly Mae understanding her IP rights and using them for commercial gain. The specific wording states 'non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content'.

IP 86

IP Branding Branding Brands 86

Copyright Lately

MAY 6, 2022

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. So, if you buy a copy of “Dune,” you can read it. Buying Objects ? Buying Copyrights.

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Derivative Work Licensing Artwork Contracts 94

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. A clear gaff to be sure, which is then heightened by the fact that the purchase was funded almost entirely by investors and fans of the Dune franchise.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

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.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

IPilogue

JULY 18, 2022

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. Copyright, in the simplest terms, is “ the right to copy.”

Copyright Law 111

Copyright Law Copyright Law Art 111

IP and Legal Filings

MAY 15, 2024

The IP Owner and the third party are the licensor and the licensee respectively. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display. Limited licenses also have fewer risks than outright purchases of IP.

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Licensing Intellectual Property Ownership IP 98

The IP Law Blog

SEPTEMBER 28, 2023

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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Public Domain Copyright Copying Registration 113

The IP Law Blog

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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 98

Copying Ownership Derivative Work Contracts 98

IP Watchdog

NOVEMBER 17, 2021

It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. As an exception to the general law prohibiting copying others’ works, it permits copying for a limited and “transformative” purpose, such as commentary, criticism, teaching, news reporting, scholarship, or research.

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

IPilogue

DECEMBER 20, 2021

Members of fandoms often participate in various creative activities inspired by their source material, including dressing up as the characters, writing stories based in the fictional universe, and making drawings about the original work. Unfortunately, laws around fanfiction and fanart are not clear.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., account to be the most frequently stolen forms of IP, which may result in a huge loss for the company that created it, including the loss of competitive edge and decline of business growth.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

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

The IP Law Blog

MAY 5, 2022

According to reports, he included strict exam instructions, including “forbidding students from using any class materials, notes or online resources while taking the tests,” and instructing the students they were “prohibited from copying any part of the exam.”. This lawsuit was dismissed one month after it was filed.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” Copyright owners should be able to defend their works against substantial unauthorized copying used for profit.

Music 112

Music Derivative Work Fair Use Cease and Desist 112

TorrentFreak

AUGUST 13, 2022

By inducing the direct infringements of Lavicheat users who “copy, reproduce, adapt, and/or create derivative works” from Bungie’s copyrighted works, Lavicheats is liable for contributory copyright infringement.

Derivative Work 98

Derivative Work Copyright Infringement Copyright Copying 98

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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. What is a Derivative Work? What is Generative AI? Stability AI Ltd.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

IPilogue

MAY 26, 2022

Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

Intepat

MAY 24, 2023

In today’s business landscape, the significance of intellectual property (IP) assets is on the rise and is becoming increasingly crucial in various sectors. The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

APRIL 12, 2023

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations. ” It also added that a secondary use also may be transformative if it expands the utility of the original work.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

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?

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Intepat

FEBRUARY 3, 2025

In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Understanding Copyright Law and How It Applies to Fanfiction Indias Copyright Act of 1957 protects original works like books, movies, and art. In Shemaroo Entertainment Ltd. News Nation Network Pvt.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

43(B)log

AUGUST 4, 2023

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? IP is considered very risky for loans—not good collateral. Lessons from China: patent office can work with bank and experts to value specific IP, issue a certificate, and the bank can then rely on that. Ideas are nothing without financing.

IP 40

IP Copying Due Diligence Registration 40

IP Law 360

JULY 18, 2023

The Ninth Circuit ruled Monday that copyright registration of a derivative work covers elements shared by earlier unregistered versions, recognizing a management consultant's right to sue a software company for allegedly copying both iterations of a teaching tool she claims to have created.

Derivative Work 40

Derivative Work Copyright Copying Registration 40

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 papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

Copyright 98

Copyright Public Domain Copying Publishing 98

LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

Derivative Work 52

Derivative Work Copyright Copyright Infringement Copying 52

Kashishipr

SEPTEMBER 15, 2021

Where a copyright is secured in the favor of the choreographer, it translates to the fact that the proprietor has the right to make copies, prepare derivative works or adaptations, distribute the same for sale, perform it, or even display it in another medium. Why Consider Registering a Copyright?

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Copyright Registration Music Copyright Law 105

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

Selvam & Selvam Blog

SEPTEMBER 23, 2024

A significant aspect of this trend is the rise of song remixes, which, now accessible to anyone, have also led to an increase in IP infringement issues – particularly copyright implications. Here’s the To-Dos for the Creators before working on a remix! What licenses are required?

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IP Licensing Cease and Desist Music 52

LexBlog IP

FEBRUARY 14, 2024

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.” For a quick recap of the theories they are asserting, check out our recent AI Update.

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Copyright Derivative Work Copyright Infringement Copying 52

IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. Image source:Gettyimages].

Copyright 52

Copyright Intellectual Property Copying Music 52