Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

MAY 19, 2023

” The “transformative use” analysis is part of this factor, but not the whole factor: “Although new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive of the first factor.” of a commercial nature. .”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Plagiarism Today

DECEMBER 1, 2021

Mr. Beast makes it abundantly clear at multiple points in the video that his work is based on Squid Game , and he repeatedly references the show throughout. The source of the work was very heavily cited throughout. For those trying to create original works, it raises the question: Why bother? Why Bother?

Plagiarism 251

Plagiarism Derivative Work Copying Licensing 251

Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. On infringement, the judge found that the similarities were sufficiently close to be more likely a result of copying than coincidence and so it was for Tesco to explain those similarities.

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Copyright Infringement Copyright Copying Artistic Work 58

TorrentFreak

SEPTEMBER 7, 2021

However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. Fair Use Defenses.

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Copyright Fair Use Copyright Infringement Copying 117

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .” Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 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). See, e.g., White v. See also Prof.

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Copyright Copying Copyright Infringement Editing 47

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.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests.

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Copyright Public Domain Art Moral Rights 102

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. Shroff’s powerful demeanor. In India, personality rights are not formally recognised. Rajagopal v.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

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. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

Intellectual Property 59

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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).

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Blogging Copying Social Media Copyright 96

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. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. What are Intellectual Property Rights (IPRs)?

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

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. To protect original ideas: When someone comes up with a unique idea, others try to copy it for their own financial gain.

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. 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.

Music 84

Music Copyright Copying Copyright Law 84

LexBlog IP

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. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

MAY 31, 2023

Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference. In addition to the work commissioned by Vanity Fair, Warhol made 15 other works based on Goldsmith’s photograph (known as the “Prince Series”).

Fair Use 52

Fair Use Licensing Copyright Editing 52

Kashishipr

JULY 13, 2022

On the other hand, VR refers to a way of generating realistic sounds, images, and other sensations leading people to the middle of an imaginary world. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object? It is the primary technology of the metaverse.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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 96

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 95

Copyright Fair Use Copyright Law Copyright Infringement 95

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]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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

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. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

Copyright Law 84

Copyright Law Art Copyright Law 84

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. ” Jones v.

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Copyright Copyright Infringement Music Fair Use 104

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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Non-Fungible Tokens Copyright Intellectual Property Ownership 81

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Kluwer Copyright Blog

MAY 9, 2023

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. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

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Copyright Copyright Law Fair Use Law 136

LexBlog IP

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]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 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]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

JULY 16, 2023

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. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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.”

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Music Licensing Copyright Moral Rights 59

Kluwer Copyright Blog

JANUARY 18, 2023

The reference in Section 60b(2) UrhG has been updated accordingly. The implementation of the DSMD also creates the conditions for an uncomplicated online use of works for teaching or training purposes. What exactly the term “pastiche” refers to is unclear.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. Steel” (which is actually more a Godfather reference than a God one). market for religious publishing and products at $6.8 include[es] the contribution of businesses with religious roots. copyright law.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Copyright Lately

MARCH 6, 2023

” Coakley DM to Harvey Berger (from court files) Referring to the Bergers’ daughter, Coakley wrote, “Nicole will be subpoenaed as this advances. Wagging Tails contends that these materials are “unauthorized and infringing derivative works” based on its motion picture. Media will be all over this.”

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages. But you’re also raising market entry barriers, so new entrants will innovate less.

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Trademark Copyright Branding Brands 70