Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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The IPKat

JANUARY 25, 2022

For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church. As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. But of course. Her overall countenance is thinner.

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Art Artwork Copying Moral Rights 134

JIPL Online

MARCH 15, 2021

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

SpicyIP

OCTOBER 9, 2024

By Tanishka Goswami Providing advantages of accessibility, affordability, and shareability among others, the swiftly expanding market for e-books stands at $17.20 The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. billion today, only to grow manifold.

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Copyright Law Copyright Fair Use Law 105

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 128

Copying Non-Fungible Tokens Contracts Copyright 128

TorrentFreak

JULY 28, 2021

According to the plaintiffs, these people operate, oversee or participate in Ring-1, an operation that develops, distributes and markets a range of cheats for Destiny 2 and Rainbow Six Seige, among others. They want the Ring-1 website (and any copies) to be shut down, along with the cheating software itself.

Copyright Infringement 141

Copyright Infringement Copyright Derivative Work Social Media 141

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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Copyright Artwork Moral Rights Non-Fungible Tokens 125

Traverse Legal Blog

NOVEMBER 25, 2024

Preventing Accidental Infringement: Respect Copyright: Avoid copying others’ work without permission. The four factors which attorneys and courts consider in determining if the use of a work is infringing include: 1. the nature of the copyrighted work. the effect of the use upon the potential market.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

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]

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Fair Use Licensing Cease and Desist Derivative Work 130

IIPRD

JANUARY 22, 2025

Such databases may include work that is copyrighted. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. AI does not critique or comment on the works it uses, but analyzes them in order to generate new content. Google, Inc.

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Fair Use Intellectual Property Derivative Work Copyright Law 95

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.

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Copying Ownership Derivative Work Contracts 98

Technology & Marketing Law Blog

OCTOBER 6, 2022

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

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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. An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. This limited edition Dune book may be one of 10 copies of this hardback auctioned.

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Non-Fungible Tokens Licensing Copying Ownership 97

TorrentFreak

SEPTEMBER 7, 2021

Viewing a transmission is not a public display, public performance, public distribution or derivative work of the original copyrighted work,” the motion to dismiss reads. “As such, Triller’s attempt to view Defendants’ alleged acts of infringement in isolation from the 4/22/21 Podcast is precluded as a matter of law.”

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Copyright Fair Use Copyright Infringement Copying 136

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Prince is work plus embodiment.

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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

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.

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Fair Use Derivative Work Copying Licensing 57

43(B)log

APRIL 7, 2021

Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do. I think that means that the jury verdict must be interpreted to have favored Google on factor four, resolving the factual part of factor four in its favor.

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TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” and now declares itself the copyright owner of the copyrighted work in suit.

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Copyright Licensing Fair Use Derivative Work 124

LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

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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.

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IP and Legal Filings

DECEMBER 23, 2024

This principle means that as long as the copy of the copyrighted content is within its fair use, it is classified as an exception and meets legal standards. 1] This article aims to prove how the alleged copying fits within Fair Use by assessing these four factors to render OpenAIs challenge devoid of merit.

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Fair Use Derivative Work Journalism Copyright Infringement 52

LexBlog IP

APRIL 12, 2023

The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.

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Fair Use Derivative Work Copying Marketing 52

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. When copyright is involved, both economic and moral rights issues are at stake.

Copyright 105

Copyright Public Domain Art Moral Rights 105

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Blogging Licensing Privacy Copyright Notice 132

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. Under governing law, that is a judicial function. As we explained in our initial Comments, U.S.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

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.

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Music Derivative Work Fair Use Cease and Desist 109

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

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.

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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 98

Blogging Copying Social Media Copyright 98

Trademark and Copyright Law Blog

APRIL 21, 2021

The Court concluded that the four fair use factors – the purpose and character of the use, the nature of the copyrighted work, the amount of material used and effect on the market for the copyrighted work – all favored Google. It also put great weight on Oracle’s prior failures to enter the mobile phone market.

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Copying Fair Use Copyright Marketing 40

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

Technology & Marketing Law Blog

JANUARY 17, 2024

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. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Copyright Protection for Legal Documents.

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Copyright Copying Copyright Infringement Editing 71

The IPKat

JANUARY 18, 2023

Over the past several months, there has been an lively debate regarding the possibility of granting copyright protection to images created with AI systems (see this IPKat post here ), particularly after that various products (like for example Midjourney ) have been released on the market letting people easily create images through AI software.

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Intellectual Property Office Blog

JULY 29, 2021

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'. This license only ends when the image is deleted from the platform.

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IP Branding Branding Brands 86