The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. 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. But it also includes the reproduction of a portrait of a young woman. But of course.

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Art Artwork Copying Moral Rights 133

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

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

SpicyIP

APRIL 15, 2024

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. Moreover, it is also necessary for the program to make copies of the information before it analyses it.

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Fair Use Copyright Infringement Derivative Work Copyright 49

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. An example would be an artist copying a previous painting and merely altering the colors to pass it off as a new creation.

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Copyright Derivative Work Fair Use Copyright Law 52

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 136

Blogging Fair Use Copyright Infringement Copyright 136

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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Fair Use Licensing Copying Artwork 92

JIPEL Copyright Blog

APRIL 28, 2021

Sites like AO3 provide fanfiction authors with a forum to publish their works, as well as huge audiences from around the world to consume them for free. 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. §

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Derivative Work Fair Use Copyright Marketing 45

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

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Copyright Blogging Publishing Fair Use 122

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). West Publishing (not cited by this court).

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Copyright Copying Copyright Infringement Editing 48

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).

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Blogging Copying Social Media Copyright 97

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

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Copyright Public Domain Art Moral Rights 101

43(B)log

SEPTEMBER 7, 2023

Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue. Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads.

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Advertising Advertising Copyright Infringement Publishing 57

Copyright Lately

DECEMBER 24, 2023

In addition, the plaintiff hadn’t alleged that the market for her tattoo was in any way affected by Netflix’s blink-and-you’ll-miss-it use of her work. Wilson had no difficulty finding that the unauthorized novel infringed the Tolkien works. Tolkien’s classic novel The Lord of the Rings.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

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. Was it a license on the world’s greatest terms?

Music 102

Music Derivative Work Fair Use Cease and Desist 102

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. A copyright lasts for the life of the author plus 70 years (for works made for hire, 95 years from when they are first published).

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Intellectual Property Trademark Copyright Patent 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.

Copyright 57

Copyright Copying Music Fair Use 57

Copyright Lately

MARCH 6, 2023

Wagging Tails is now seeking an injunction to prevent Coakley from publishing materials—including a planned tell-all film—recounting his accusations. Wagging Tails contends that these materials are “unauthorized and infringing derivative works” based on its motion picture. We cannot agree.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 277 (2020). [iv]

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Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.” That’s not property rights reasoning. Mozart wrote melody.

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Music Copyright Ownership Derivative Work 54

Kluwer Copyright Blog

JANUARY 18, 2023

Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. Further exemptions for users of works (continued). The new related right for press publishers (Sections 87 et seqq. b) Teaching.

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Copyright Related Rights Copyright Law Publishing 52

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

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Fair Use Licensing Music Art 105

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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Fair Use Derivative Work Blogging Licensing 97

Art Law Journal

JUNE 30, 2022

More importantly, because the work must be tangible, that also means that an idea can’t be copyrighted , only the execution of that idea. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. Your Copy-Rights. That’s an idea for a story.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. Hughes: if publisher can’t get sequel rights, then it will insist on getting the film rights and impoverish authors.

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Copyright Editing Settlement Music 62

Technology & Marketing Law Blog

OCTOBER 19, 2021

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.” ” But “published output” isn’t a computer system resource, and an “obscured link” assumes what the hypothetical canonical website looks like.

Licensing 91

Licensing Copyright Contracts Advertising 91

Art Law Journal

JUNE 30, 2022

More importantly, because the work must be tangible, that also means that an idea can’t be copyrighted , only the execution of that idea. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. Your Copy-Rights. That’s an idea for a story.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

LexBlog IP

JUNE 7, 2023

“Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. ” Id. ” Id.

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Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

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Fair Use Licensing Music Art 40

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. 4] Authors Guild, Inc.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Secrecy Reasons : “Some religions use copyright law to keep their religions secret; some religions do not want to disclose their works to the general public.”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

OCTOBER 25, 2023

Dorland alerted publishers, writing conferences, and journalists to what she considered Larson’s plagiarism and ethical betrayal. While those writing non-fiction and publishing research have very specific obligations that can be laid out in detail, for example , such is not the case for fiction writers.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

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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