Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. The right to create derivative works.

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Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. Case 1- Doe 1 v. GitHub Inc.,

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Litigation Fair Use Copying Derivative Work 98

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. Ownership and Enforcement. Copyright Ownership.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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. An assignment is, in spirit, a transfer of ownership, even if it is partial.

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Copyright Ownership Licensing Intellectual Property 105

Intepat

MAY 24, 2023

Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it. It is crucial in establishing a transparent record of ownership and transfer, while also safeguarding the rights of all parties involved in the transaction.

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Intellectual Property Contracts Ownership Invention 98

LexBlog IP

SEPTEMBER 21, 2023

Both Meta and OpenAI moved to dismiss all claims except the direct infringement claim, as the companies plan to contest this claim later as a matter of law. These lawsuits highlight the potential legal consequences industry leading AI technologies will begin to face as these technologies become more mainstream.

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Copyright Infringement Copyright Fair Use Derivative Work 52

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings.

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Music Derivative Work Fair Use Cease and Desist 102

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. Thus, ownership of such rights is crucial for exploitation purposes. 2022, 618ff. by Alexander Puutio. €

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Copyright Public Domain Art Moral Rights 102

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. Oracle America, Inc.

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Licensing Fair Use Copyright Derivative Work 52

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. Ownership and Enforcement. Copyright Ownership.

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IP Ownership Non-Fungible Tokens Copyright Law 52

Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. The person who buys that NFT becomes the owner, and they can transfer ownership later, and that person becomes the new owner, and so on” -Enrico Schaefer, NFT Attorney. You’re getting a license to use, copy and display this item.

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Licensing Non-Fungible Tokens Copyright Copying 102

Copyright Lately

MAY 1, 2023

sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. 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.

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Music Copyright Copying Copyright Law 84

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc.

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Intellectual Property Cease and Desist Invention Branding 52

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

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Copyright Copying Music Fair Use 57

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Copyright Lately

JANUARY 31, 2023

To all the naysayers, I’ll remind you that Copyright Lately is considered a scholarly publication by several of this nation’s law schools, at least one of which is still accredited.) copyright law, the exclusive rights in sound recordings do not extend to making independently recorded ‘soundalike’ recordings.” 114(b). . §

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Music Copyright Licensing Copyright Infringement 97

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Which Types of IP Law Is Right for You?

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Intellectual Property IP Invention Designs 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

This opinion addresses a venerable issue in Internet Law: can a website control how visitors see its web pages? Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” Trigger warning: this is a terrible opinion. ” Wait, what?

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Licensing Copyright Contracts Advertising 90

Technology & Marketing Law Blog

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

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Copying Ownership Derivative Work Contracts 76

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? 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. Want to Create New Derivative Works?

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Derivative Work Licensing Artwork Contracts 88

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. NFTs are governed by smart contracts, which divide ownership and limit transferability.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 81

SpicyIP

APRIL 15, 2024

The authors are third year students at the Hidayatullah National Law University, Raipur. TDM is primarily a process of deriving data by analysing patterns and learning from it in order to create new results. This method involves the feeding of a large amount of data, including copyrighted works. In Authors’ Guild v.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. 22-cv-7074-JST, ECF No.

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Blogging Licensing Privacy Copyright Notice 128

43(B)log

AUGUST 3, 2023

Cariou is still arguably good law w/the exception of the relevance of artist’s intent. The majority says that limiting doctrines account for Kagan’s examples—which involved use of expression—as well as the dissent’s own copying and the Court’s too. Court chose to rule quite narrowly in part b/c of concessions during litigation.

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Fair Use Copyright Derivative Work Marketing 52

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.

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Copyright Copyright Law Fair Use Law 136

SpicyIP

NOVEMBER 16, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. The SB then assessed whether Hulm Entertainment’s GUI can be protected as a work in itself. Tejaswini is a 3rd-year B.A.

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Copyright Marketing Marketing Copying 59

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. Again, NFTs are just an ownership record and a link to content. NFTs Are Not Copyrightable.

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Copying Non-Fungible Tokens Contracts Copyright 123

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” Third , it is a settled principle of law that common words can be registered only once they acquire secondary distinctiveness. 75, 79 (2020).

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Intellectual Property Invention Trademark Copyright 52

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Is a jury required to make the system work? [No!]

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Copyright Fair Use Privacy Derivative Work 57

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt.

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Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? Third, is Trump’s claim of ownership barred by 17 U.S.C. 105 , as a “work of the United States Government”? Why does this matter?

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Copyright Blogging Publishing Fair Use 120

43(B)log

AUGUST 11, 2022

US: joint work requires intention, merger into unitary whole UK/Canada: product of collaboration, contributions not distinct. Overlaps are clear in the case law. common ownership are reciprocal. Also: what about derivative works? So how do you build in that to recognize contribution to singular work v.

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Music Copyright Ownership Derivative Work 54